After a case is decided, what is the "majority opinion"?
A signed opinion written by a justice in the majority that explains the Court's official decision and the legal reasoning behind it. This opinion becomes binding precedent.
Who decides which justice will write the majority opinion?
If the Chief Justice is in the majority, he assigns the opinion to himself or another justice in the majority. If he is in the minority, the most senior justice in the majority makes the assignment.
What is a "concurring opinion"?
An opinion written by a justice who agrees with the final outcome of the case but wishes to add different or additional reasons for their decision than those expressed in the majority opinion.
What is a "dissenting opinion"?
An opinion written by a justice who disagrees with the majority's decision. It explains their reasons for disagreement and has no force of law.
Why are dissenting opinions considered important even though they are not law?
They can influence future legal thinking, provide a basis for future arguments to overturn the precedent, and signal to the public and Congress that there is disagreement on the Court.
What is the legal doctrine of "stare decisis"?
A Latin term meaning "to stand by things decided." It is the principle that courts should follow precedent—past decisions on similar legal issues—when ruling on current cases.
What is "precedent"?
A past judicial decision that serves as an example or rule to authorize or justify a subsequent decision in a similar case.
Why is the principle of stare decisis (following precedent) important?
It promotes stability, predictability, and consistency in the legal system. It assures people that the law is based on enduring principles and not the whims of individual judges.
Can the Supreme Court overturn its own precedents?
Yes, although it does so rarely. Overturning a precedent requires a compelling reason, such as a belief that the original decision was gravely wrong or that societal values have evolved.
Provide a famous example of the Supreme Court overturning a precedent.
In 1954, Brown v. Board of Education overturned the 1896 precedent set in Plessy v. Ferguson, which had established the "separate but equal" doctrine.
