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By DAVID L. HUDSON Jr.
First Amendment Center
Dissenting opinions obviously don’t have the force of law that majority opinions do.
But that doesn’t mean they aren’t better reasoned. Recall that Justice John Marshall Harlan (the first one) was known as “the Great Dissenter” in part for his solitary dissent in the abhorrent Plessy v. Ferguson (1896), in which the Court sanctioned segregation and the noxious separate-but-equal doctrine.
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