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Please note!
This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

Is it unusual for a dissenting Supreme Court justice not to write a separate opinion?

By Seth Smalley
YES

In 40 out of 63 opinions in Supreme Court cases in 2019, at least one of the nine justices disagreed with the majority decision. In most cases that aren't unanimous, the court typically publishes a dissent written by a justice, explaining the reasons for the disagreement. Others may join in signing that dissent, or, on occasion, provide their own.

In one case in the last term, Sharp v. Murphy, no dissent was published. The court simply noted the dissent by two justices. In both decisions published so far in the current term, the court, similarly, noted the dissent of Justice Clarence Thomas in each case.

Justices also occasionally write opinions to accompany various orders preceding consideration of a final case, such as upholding or rejecting a lower court ruling in an ongoing case. More often, no explanation is offered.

This fact brief is responsive to conversations such as this one.
ABOUT THE CONTRIBUTOR
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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