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A dissenting opinion cannot create Binding Precedent because the Holding in the opinion is not the holding of the court in the case. Therefore the dissent's holding does not create Case Law . However, dissenting opinions are sometimes cited as Persuasive Authority when arguing that the holding should be limited or overturned. In some cases, a dissent in an earlier case is used to spurn a change in the law, and a later case will write a majority opinion for the same rule of law cited by the dissent in the earlier case. Unlike a Justice Antonin Scalia is a frequent writer of dissents, and uses them to make comments regarding the majority opinion; Justice Sandra Day O'Connor was a frequent target of Scalia's potshots. A dissent in part is a dissenting opinion which disagrees only with some specific part of the majority holding. It is not uncommon for a judge to write an opinion "dissenting in part and concurring in part". This could mean they agree with the end result but disagree with the law used to arrive at that conclusion; conversely, it could mean they agree on the principles used, but would arrive at a separate conclusion. SEE ALSO |
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