In this Court dissents have gradually become majority opinions.
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Concurring, Graves v. New York ex rel. O'Keefe, 306 U.S. 446 (1939).Felix Frankfurter
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Dissents speak to a future age. It's not simply to say, 'My colleagues are wrong and I would do it this way.' But the greatest dissents do become court opinions and gradually over time their views become the dominant view. So that's the dissenter's hope: that they are writing not for today but for tomorrow.
Ruth Bader Ginsburg
The first opinion the Court ever filed has a dissenting opinion. Dissent is a tradition of this Court... When someone is writing for the Court, he hopes to get eight others to agree with him, so many of the majority opinions are rather stultified.
William O. Douglas
My philosophy has been and continues to be that [the Court] cannot and should not try to seize the initiative in shaping the policy of the law, either by constitutional interpretation or by statutory construction. While the line to be drawn between interpretation and legislation is difficult, and numerous dissents turn upon it, there is a limit beyond which the Court incurs the just charge of trying to supersede the law-making branches. Every Justice has been accused of legislating and every one has joined in that accusation of others. When the Court has gone too far, it has provoked reactions which have set back the cause it is designed to advance and has sometimes called down upon itself severe rebuke.
Robert H. Jackson
In the United States, the majority undertakes to supply a multitude of ready-made opinions for the use of individuals, who are thus relieved from the necessity of forming opinions of their own.
Alexis de Tocqueville
The conflict about the meaning of free speech went on through the 1920s, Holmes and Brandeis persisting in their view and expressing it in strongly worded dissents. In one sense it was a curious performance by the two of them, for each had a deep commitment to the Supreme Court as an institution and thought that division among the justices should be avoided when possible.
Anthony Lewis
Frankfurter, Felix
Franklin, Aretha
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