6/19 What is so special or significant about being part of the dissent
\_ Why do people not know that July=7
(wrt the USSC's ruling)? What is wrong with having an opinion
that isn't shared by the majority of other justices?
\- i am sort of at a loss how to address the above, but
1. there are some famous "i told you so" dissents.
one of OHOLMES nicknames was "The Great Dissenter",
see e.g. Dissent in Lochner.
Wouldnt you have been wanted to be known as the single
dissenter in Plessey v. Fergueson, one of the cases
contending for the "worst sup ct decision in history"
title? [that was HARLAN].
\_ I would have preferred to have been a dissenter
in Dred Scott, but Plessey would be a close 2d.
2. there are fome extremely fractured decisions where there
isnt really a single maj opinion ... those as you might
imagine are hard to interpret. the bakke case is one of the
std such examples:
POWELL, J., announced the Court's judgment and filed
an opinion expressing his views of the case, in Parts
I, III-A, and V-C of which WHITE, J., joined; and in
Parts I and V-C of which BRENNAN, MARSHALL, and
BLACKMUN, JJ., joined. BRENNAN, WHITE, MARSHALL, and
BLACKMUN, [438 U.S. 265, 268] JJ., filed an opinion
concurring in the judgment in part and dissenting in
part, post, p. 324. WHITE, J., post, p. 379, MARSHALL,
J., post, p. 387, and BLACKMUN, J., post, p. 402,
filed separate opinions. STEVENS, J., filed an opinion
concurring in the judgment in part and dissenting in
part, in which BURGER, C. J., and STEWART and
REHNQUIST, JJ., joined, post, p. 408.
\- bakke had 6 opinios i believe. it;s sort of funny that
current liberal bastion STEVENS wrote the relatively
hostile to affirmative action "dissent" ... STEVENS ends
up on the pro aff action side of both recent UMICH AA
cases [concurring with OCONNOR maj opin to uphold the
law school system and dissenting with RHQ decision to
strike down the UG AA system].
\_ Another good example is Powell v Texas which
established that a voluntary act was required
under the constitution for criminal punishment
but tha a mens rea (criminal intent) was not. |