When in Doubt: What's a Dubitante Opinion, and Why Do Judges Write Them?
The name comes from the Latin word meaning "doubtful" and is typically used to express reservations with a majority decision's rationale without declaring it wrong.
October 15, 2024 at 11:18 AM
6 minute read
JudgesThe original version of this story was published on National Law Journal
Judge John Bush first learned of the term "dubitante" shortly after he joined the U.S. Court of Appeals for the Sixth Circuit in 2017, when he was penning a separate opinion in a Sixth Amendment case.
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