When the U.S. Supreme Court issues opinions, you may hear that the nine justices reached a 6-3 or a 5-4 decision. You may also hear that certain justices wrote a concurrence or that there were multiple dissents.
Those concurrences and dissents are where Supreme Court justices express disagreement with the majority opinion.
Consider the recent case of Arizona v. Navajo Nation, which examined the Navajo Nation’s water rights in the Colorado River. The court decided 5-4 in favor of Arizona, meaning five justices agreed with the arguments made by the state of Arizona, while four justices agreed with the arguments made by the Navajo Nation.
The opinion issued by the five justices is the decision that serves as precedent for other courts. It is referred to as the “majority opinion” or simply “the opinion.”
The opinion issued by the other four justices is called “the dissenting opinion” or simply “the dissent.” Just as the majority opinion outlines its reasoning and how it reached its conclusion, the dissenting opinion will do the same. Lower courts are required to follow the majority opinion; lower courts are not required to follow the dissenting opinion.
Why issue a dissent if courts are not required to follow it? Dissents have a role and purpose even if they are not the official guide for a court’s decision.
When the U.S. Supreme Court issues opinions, you may hear that the nine justices reached a 6-3 or a 5-4 decision. You may also hear that certain justices wrote a concurrence or that there were multiple dissents.
Those concurrences and dissents are where Supreme Court justices express disagreement with the majority opinion.
Consider the recent case of Arizona v. Navajo Nation, which examined the Navajo Nation’s water rights in the Colorado River. The court decided 5-4 in favor of Arizona, meaning five justices agreed with the arguments made by the state of Arizona, while four justices agreed with the arguments made by the Navajo Nation.
The opinion issued by the five justices is the decision that serves as precedent for other courts. It is referred to as the “majority opinion” or simply “the opinion.”