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On what grounds did Justice Harlan criticize the majority's ruling?
Oh, dude, Justice Harlan criticized the majority's ruling in Plessy v. Ferguson because he felt it violated the Equal Protection Clause of the Fourteenth Amendment. He was like, "Hey, this separate but equal stuff is not cool, man." Harlan was basically saying, "Come on, guys, let's treat everyone fairly and equally under the law."
Must the Chief Justice of the United States be a member of the majority decision of the Court in order for it to be valid?
The Chief Justice's decision on a case carries the same weight as the other justices. And yes, it must be a majority opinion for the ruling to stand, but the Chief Justice does not have to agree.
Why would a Supreme Court justice write a concurring opinion?
A Supreme Court justice may choose to write a concurring opinion when he or she agrees with the majority decision, but wants to add perceptions or legal reasoning not addressed, or not addressed to that justice's satisfaction, in the majority opinion (opinion of the Court).
How does the US Supreme Court conduct a vote?
On a regular basis the justices meet in a special conference room by themselves. They discuss cases with each justice having an opportunity to give his opinion why the case should be decided one way or another. At the end of the discussion a voice vote is taken and the determination whether the lower court decision is affirmed or reversed is decided then and there. If the Chief Justice is in the majority, he decides whether he will write the court's opinion or have one of the associate justices of the majority write it. If the Chief Justice is not in the majority, then the senior associate justice within the majority decides whether he or she will write the court opinion or delegate the writing to one of the other associate justices in the majority.
What is the explanation given by justices who do not agree with the decision of the majority?
No. If a Supreme Court justice disagrees with the decision and wants to make his or her opinion a matter of public and judicial record, the justice must write a dissenting opinion.For more information, see Related Questions, below.
