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.
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Interview with Nina Totenberg of National Public Radio (May 2, 2002)Ruth Bader Ginsburg
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In this Court dissents have gradually become majority opinions.
Felix Frankfurter
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
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
Liberal education, which consists in the constant intercourse with the greatest minds, is a training in the highest form of modesty. … It is at the same time a training in boldness. … It demands from us the boldness implied in the resolve to regard the accepted views as mere opinions, or to regard the average opinions as extreme opinions which are at least as likely to be wrong as the most strange or least popular opinions
Leo Strauss
[Dissents are] appeals to the brooding spirit of the law, to the intelligence of another day.
Charles Evans Hughes
Ginsburg, Ruth Bader
Ginzburg, Vitaly
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