Memorable Concurrences of the 20th Century
While Supreme Court concurrences have not received the scholarly focus comparable to that given to dissenting opinions, they merit equal attention.
December 16, 2024 at 08:55 AM
11 minute read
While Supreme Court concurrences have not received the scholarly focus comparable to that given to dissenting opinions in, for example, Melvin Urofsky’s Dissent and the Supreme Court: Its Role in the Court’s History and the Nation’s Constitutional Dialogue, they merit equal attention. The significance of concurrences warrants close examination; as with dissents, they constitute, for both constitutional and statutory issues, fundamental components in the ongoing development of our juridical tradition.
A concurrence might modify or limit a decision, erode the forcefulness of a majority decision or dilute its persuasiveness. One might provide an alternative theory to support the majority ruling or an alternative interpretation of it, frequently by emphasizing (or de-emphasizing) a particular aspect of a decision. When no opinion garners a majority, a concurrence allows a conclusive judgment to emerge or may limit the reach of the position a plurality has taken.
Some Examples
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