In the world of law, dissent is a powerful concept with far-reaching implications. But what does dissent mean to the average layperson? Here’s a plain English explanation, with some examples to clarify.
Dissent Defined in Legal Terms
According to Black’s Law Dictionary, dissent is defined as “to dissent from a court ruling is to disagree with the reasoning or outcome of a judicial opinion.” In other words, dissent can refer to a minority opinion that disagrees with the majority opinion of a court or other body of authority.
Recent Examples of Dissent
In the 2019 case of Barnes v. Glen Theatre, Supreme Court Justice Ginsburg wrote in a dissenting opinion that the majority court opinion was too narrow in its interpretation of the First Amendment. This dissenting opinion was cited in a future Supreme Court case to overturn the ruling in Barnes v. Glen Theatre.
Another notable example of dissent was Justice Scalia’s dissent in the Obergefell v. Hodges Supreme Court case that legalized same-sex marriage. This decision, and the dissent it triggered, changed the course of legal history.
The Impact of Dissent in the Legal System
Dissent carries great weight in the legal system. The precedent established by Supreme Court decisions that include a dissent can help shape future decisions. It can help build authority for lower courts to make decisions on similar matters.
The power of dissent to sway decisions can also be seen in appeals court cases, where dissenting opinions provide a dissenting voice that may influence the outcome. In fact, legal scholars argue that dissent is a vital way for personal opinions to be expressed in the legal system and to challenge the status quo.
In Summary: What Does Dissent Mean?
To sum up, dissent is a rigorous tool that lawyers use to challenge laws or court decisions. Dissent can potentially have far-reaching implications in the legal system, especially when it’s authoritatively rendered by the likes of Supreme Court Justices.