Goodbye to Concurring Opinions

36 Pages Posted: 15 Oct 2019

Date Written: September 12, 2019


Quick! List the U.S. Supreme Court’s 5 most impactful concurring opinions. Better yet, list the top 10. Do they readily come to mind? How long did it take you? Are these cases taught regularly? Have any more than the first 5 actually become the law? This article challenges the belief that separate opinions, particularly concurrences, are justified because they often become the law. That is factually untrue. And, it is even less likely for modern cases decided by the Burger, Rehnquist and Roberts’ Court.

Suggested Citation

Penrose, Meg Mary Margaret, Goodbye to Concurring Opinions (September 12, 2019). Duke Journal of Constitutional Law & Public Policy, Forthcoming; Texas A&M University School of Law Legal Studies Research Paper 19-47. Available at SSRN:

Meg Mary Margaret Penrose (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

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