In a concurring opinion
, Senior Circuit Judge Norman H.
Chemerinsky already has a concurring opinion
upholding the insurance mandate ready to go.
Conversely, there was a concurring opinion
in which the judge who wrote the opinion concurred, in part, and dissented, in part.
Supreme Court Justice Brandeis's subsequent opinion, which became a classic defense of First Amendment free speech rights despite nominally written as a concurring opinion
It would therefore seem to be more prudent, as the concurring opinion
suggests, to make this decision on a case-by-case basis.
Justice Ruth Bader Ginsburg delivered the majority opinion, which held that the law only applies to bribery or kickback schemes, while Justice Antonin Scalia wrote in a concurring opinion
that the court should have gone further, dismantling the whole law.
In addition to a concurring opinion
, four judges wrote dissenting opinions, sometimes joined in by other judges and sometimes not.
Indeed, Powell often preferred a short concurring opinion
as the means of expressing his differences with a majority rationale.
While the Supreme Court case did not directly examine the death penalty itself, Justice John Paul Stevens questioned the purpose of such executions, writing in his concurring opinion
that current death penalty laws "are the product of habit and inattention rather than an acceptable deliberative process" and "rest in part on a faulty assumption about the retributive force of the death penalty.
Posner's concurring opinion
style during his first quarter century
The only bright spot for advocates of school integration was in the concurring opinion
written by Justice Anthony Kennedy.
3 The Court's opinion and Justice Kennedy's concurring opinion
are significant not only for their statutory interpretations, but also because they show the inadequacy of the underlying framework for understanding executive authority set out in Justice Jackson's concurring opinion
in Youngstown Sheet & Tube Co.
It informed health policy and was widely cited in scholarly and professional literature and case law--most notably by Justice Sandra Day O'Connor in her 1990 concurring opinion
Moreover, Justice Breyer stated in his concurring opinion
that he would be inclined to give increased protection to a purse if the owner was wearing the purse at the time of the search.
Mark Tushnet, who actually clerked for Justice Thurgood Marshall at the time of the Roe decision, writes a concurring opinion