Political Dictionary

Dissenting Opinion

A dissenting opinion disagrees with the court’s judgment.

Definition

A dissenting opinion is written by one or more judges who would decide the case differently from the majority.

Why It Matters

Dissents record alternative reasoning, criticize the majority, and may influence later courts, lawmakers, or public debate.

How It Works

A dissenting judge explains why the majority’s legal or factual analysis is wrong.

History

Notable dissents have sometimes shaped later legal change.

Example

A justice may argue that the majority interpreted a constitutional right too narrowly.

Common Misconceptions

  • A dissent changes the outcome.
  • Dissents are binding precedent.
  • A dissent is evidence that the decision is invalid.