Dissenting opinion

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The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.

Louis Brandeis

Olmstead v. United States

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Brandeis, Louis. Dissenting Opinion. Olmstead v. United States. United States Reports, vol. 277, 4 June 1928, pp. 471-485. Justia, https://supreme.justia.com/cases/federal/us/277/438/.

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The arbitrary separation of citizens on the basis of race while they are on a public highway is a badge of servitude wholly inconsistent with the civil freedom and the equality before the law established by the Constitution... We boast of the freedom enjoyed by our people above all other peoples. But it is difficult to reconcile that boast with a state of the law which, practically, puts the brand of servitude and degradation upon a large class of our fellow citizens, our equals before the law. The thin disguise of "equal" accommodations for passengers in railroad coaches will not mislead anyone, nor atone for the wrong this day done.

John Marshall Harlan

Plessy v. Ferguson

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Harlan, John Marshall. Dissenting Opinion. Plessy v. Ferguson. United States Reports, vol. 163, 18 May 1896, pp. 552-564. Justia, supreme.justia.com/cases/federal/us/163/537/.

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Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful.

John Marshall Harlan

Plessy v. Ferguson

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Harlan, John Marshall. Dissenting Opinion. Plessy v. Ferguson. United States Reports, vol. 163, 18 May 1896, pp. 552-564. Justia, supreme.justia.com/cases/federal/us/163/537/.

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They conferred, as against the Government, the right to be let alone—the most comprehensive of rights and the right most valued by civilized men.

Louis Brandeis

Olmstead v. United States

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Brandeis, Louis. Dissenting Opinion. Olmstead v. United States. United States Reports, vol. 277, 4 June 1928, pp. 471-485. Justia, supreme.justia.com/cases/federal/us/277/438/.

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It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.

Louis Brandeis

New State Ice Co. v. Liebmann

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Brandeis, Louis. Dissenting Opinion. New State Ice Co. v. Liebmann. United States Reports, vol. 285, 21 Mar. 1932, pp. 280-311. Justia, supreme.justia.com/cases/federal/us/285/262/.

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If we would guide by the light of reason, we must let our minds be bold.

Louis Brandeis

Jay Burns Baking Co. vs. Bryan

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Brandeis, Louis. Dissenting Opinion. Jay Burns Baking Co. v. Bryan. United States Reports, vol. 264, 14 Apr. 1924, pp. 517-534. Justia, supreme.justia.com/cases/federal/us/264/504/.

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General propositions do not decide concrete cases. The decision will depend on a judgement or intuition more subtle than any articulate major premise.

Oliver Wendell Holmes, Jr.

Lochner v. New York

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Holmes, Oliver Wendell, Jr. Dissenting Opinion. Lochner v. New York. United States Reports, vol. 198, 17 Apr. 1905, pp. 74-76. Justia, https://supreme.justia.com/cases/federal/us/198/45/.

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It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people.

Felix Frankfurter

United States v. Rabinowitz

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Frankfurter, Felix. Dissenting Opinion. United States v. Rabinowitz. United States Reports, vol. 339, 20 Feb. 1950, pp. 68-86. Justia, supreme.justia.com/cases/federal/us/339/56/.

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Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is perfectly clear. It is the Nation's confidence in the judge as an impartial guardian of the rule of law.

John Paul Stevens

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Bush v. Gore

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Stevens, John. Dissenting Opinion. Bush, et al. v. Gore, et al. United States Reports, vol. 531, 12 Dec. 2000, pp. 123-129. Justia, supreme.justia.com/cases/federal/us/531/98/.

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Frequently an issue of this sort will come before the Court clad, so to speak, in sheep's clothing: the potential of the asserted principle to effect important change in the equilibrium of power is not immediately evident, and must be discerned by a careful and perceptive analysis. But this wolf comes as a wolf.

Antonin Scalia

Morrison v. Olsen

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Scalia, Antonin. Dissenting opinion. Morrison v. Olson. United States Reports, vol. 487, 29 June 1988, pp. 654-734. Justia, supreme.justia.com/cases/federal/us/487/654/.

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