dissenting opinion

American  

noun

Law.

1. (in appellate courts) an opinion filed by a judge who disagrees with the majority decision of a case.

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Usage

What is a dissenting opinion? When one or more judges on a panel disagree with a decision made by the majority in a court ruling, they can file an official disagreement known as a dissenting opinion. In the United States and other jurisdictions, courts that decide appeals to the decisions of lower courts are called appellate courts (in the U. S., the Supreme Court is the top appellate court). In such courts, rulings are made by a panel of judges, with a majority vote deciding each case. Any judge who doesn’t vote with the majority can file a dissenting opinion (or simply dissent) explaining why they disagree. In a general sense, a dissenting opinion is simply an opinion that does not agree with others—especially one that goes against a mainstream opinion. But the term is most often used in its specific legal sense. Dissenting opinions are part of the legal tradition in many countries, including the U. S., the U. K., Canada, and Ireland. Dissenting opinions are very often discussed in relation to the U. S. Supreme Court, since such opinions can have a significant impact on future court rulings.

Example Sentences

Supreme Court Justice Brett Kavanaugh also warned about trouble ahead due to refunds in a dissenting opinion that was released Friday along with the majority’s decision.

From MarketWatch • Feb. 20, 2026

In justifying its proposal, the department cites a dissenting opinion in the appellate case by then-Appeals Judge Brett Kavanaugh, who is now on the Supreme Court.

From Los Angeles Times • Jul. 17, 2025

I can’t stop returning to Jackson’s solo dissenting opinion in Trump v.

From Slate • Jul. 9, 2025

Justice Will Sellers, in a dissenting opinion, said he would have granted the rehearing request so that they could gather more information.

From Seattle Times • May 3, 2024

In her dissenting opinion, Justice Ruth Bader Ginsberg drew sharply different lessons from the history of the civil rights movement.

From "Because They Marched" by Russell Freedman