What is a dissenting opinion?

A dissenting opinion refers to the written opinion of one or more judges who do not agree with the majority's decision in a case. It expresses disagreement and provides the reasoning behind that position, offering an alternative interpretation of the law or different conclusions based on the same facts. This opinion serves not only to articulate differing views but also can be important for future cases, as it can influence later legal interpretations or highlight potential flaws in the majority's reasoning.

The dissenting opinion allows for a diversity of thought within the judicial system, ensuring that all perspectives are considered even if they do not prevail at that moment. It is particularly significant in the context of appellate courts, where such disagreements may set the stage for future legal arguments or legislative changes.