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To: Paladin2

Writing opinions which may be either concurrences or dissents is a long-held tradition among the Associate Justices, and there is no requirement that all the Justices speak with one voice.

Concurrences or dissents may prove to be very useful in those instances where the Court is compelled to revisit an earlier opinion. These opinions are very much like the Federalist Papers in explaining the Constitution, insight into what the reasoning was at a given moment in time.


23 posted on 07/07/2017 7:25:48 PM PDT by alloysteel (The difference between Illinois and Venezuela, is that toilet tissue is still available in Illinois.)
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To: alloysteel
Concurrences or dissents may prove to be very useful in those instances where the Court is compelled to revisit an earlier opinion.

It is particularly useful when the separate opinion provides crystal clear logic that is missing from the original position, like, well, it's a tax, man.

29 posted on 07/07/2017 7:33:30 PM PDT by AndyJackson
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To: alloysteel
"Concurrences or dissents may prove to be very useful in those instances where the Court is compelled to revisit an earlier opinion. These opinions are very much like the Federalist Papers in explaining the Constitution, insight into what the reasoning was at a given moment in time."

I suggest everyone read Byron White's dissent from Roe v. Wade.

It is simple, concise, and to the point as to why the court got it absolutely WRONG.

It is based on the Constitution.

In Roe, the majority simply made it all up.

Blackmun's "opinion" is just that, an opinion.

He could have made it a simple "yes" vote, but he went off the rails with creating a "trimester" system.

That wasn't even part of the argument!

My lawyer friend called it: "OK, here's my ruling. Now get out your pencils, because I'm going to make up some serious bull$hit"

88 posted on 07/07/2017 10:35:43 PM PDT by boop (I'd wish you luck, but you wouldn't know what to do with it if you had it!)
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