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I Dissent

Great Opposing Opinions in Landmark Supreme Court Cases

By: MARK TUSHNET

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Paperback | 1 September 2018

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For the first time, a collection of dissents from the most famous Supreme Court cases

If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers’ rights, and more, would advances have been impeded or failures rectified if the dissenting opinions were in fact the majority opinions?

In offering thirteen famous dissents—from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas, each edited with the judges’ eloquence preserved—renowned Supreme Court scholar Mark Tushnet reminds us that court decisions are not pronouncements issued by the utterly objective, they are in fact political statements from highly intelligent but partisan people. Tushnet introduces readers to the very concept of dissent in the courts and then provides useful context for each case, filling in gaps in the Court’s history and providing an overview of the issues at stake. After each case, he considers the impact the dissenting opinion would have had, if it had been the majority decision.

Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential reading for anyone interested in American history.

"An important reminder that strong challenges have been made to the best and worst in American constitutional development and that responsibility for the best lies as much in the citizenry as Supreme Court justices.” —Mark A. Graber, author of Dred Scott and the Problem of Constitutional Evil

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An important reminder that strong challenges have been made to the best and worst in American constitutional development and that responsibility for the best lies as much in the citizenry as Supreme Court justices.--Mark A. Graber, author of Dred Scott and the Problem of Constitutional Evil

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Introduction: Why Dissent?	p. xi
"The legislature is entitled to all the deference that is due the judiciary.": Marbury v. Madison, 1803	p. 1
"Experience should teach us wisdom.": McCulloch v. Maryland, 1819	p. 17
"Among those for whom and whose posterity the Constitution was ordained and established.": Dred Scott v. Sanford, 1857	p. 31
"To enable the black race to take the rank of mere citizens.": The Civil Rights Cases, 1883	p. 45
"There is no caste here.": Plessy v. Ferguson, 1896	p. 69
"Room for debate and for an honest difference of opinion.": Lochner v. New York, 1905	p. 81
"Men feared witches and burned women.": Whitney v. California, 1927	p. 93
"Almost anything-marriage, birth, death-may in some fashion affect commerce.": National Labor Relations Board v. Jones & Laughlin Steel Corp., 1937	p. 101
"The ugly abyss of racism.": Korematsu v. United States, 1944	p. 113
"Refrain from invidious discriminations.": Goesaert v. Cleary, 1948	p. 127
"Our decision does not end but begins the struggle over segregation.": Brown v. Board of Education, 1954	p. 133
"To attribute, however flatteringly, omnicompetence to judges.": Baker v. Carr, 1962	p. 151
"A sterile metaphor which by its very nature may distort rather than illumine the problems.": Abington School District v. Schempp, 1963	p. 167
"I get nowhere in this case by talk about a constitutional 'right of privacy.'": Griswold v. Connecticut, 1965	p. 179
"That is what this suit is about. Power.": Morrison v. Olson, 1988	p. 191
"Do not believe it.": Lawrence v. Texas, 2003	p. 211
Conclusion	p. 221
Sources and Additional Readings	p. 225
Table of Contents provided by Ingram. All Rights Reserved.

I Dissent

Great Opposing Opinions in Landmark Supreme Court Cases

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