The Supreme Court votes six-to-three to decide a case.Justice A is a member of the majority but disagrees with the reasoning presented in the majority opinion.What action might Justice A take?

Question

Quizplus · Accepted Answer

Justice A disagrees with the reasoning presented in the majority opinion, but still agrees with the outcome, so the best option would be to write a concurring opinion, which expresses agreement with the result but offers a different or additional rationale. Writing a dissenting opinion would imply disagreement with the outcome of the case, which is not the case for Justice A. Writing a per curiam opinion is usually done when the Court speaks as a whole, without identifying individual authors, and it is not appropriate in this case. Writing an opinion in forma pauperis refers to a procedure to allow someone who cannot afford to pay court fees to proceed with a case, and it is not relevant to the situation described. Writing an amicus opinion would involve a non-party to the case, and it is not relevant to the action Justice A would take in this case.

The Supreme Court Votes Six-To-Three to Decide a Case