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Simple English definitions for legal terms
concurring opinion
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A quick definition of concurring opinion:
A concurring opinion is when a judge agrees with the decision made by the majority of the court, but disagrees with the reasons why they made that decision. Instead of just going along with the majority, the judge will write their own opinion explaining why they made the same decision. This opinion is not as important as the majority opinion, but it can still be used to persuade others. Sometimes, a concurring opinion can even become law if it is used in the right way.
A more thorough explanation:
A concurring opinion is a type of judicial opinion that agrees with the majority opinion but differs in reasoning or rationale. Instead of joining the majority, the concurring judge will write a separate opinion explaining the basis for their decision.
Concurring opinions are not binding since they did not receive the majority of the court's support, but they can be used as persuasive material by lawyers. In some rare cases, a concurring opinion may eventually become law.
In the case of Brown v. Board of Education, the Supreme Court ruled that segregation in public schools was unconstitutional. Justice Felix Frankfurter wrote a concurring opinion in which he agreed with the majority's decision but disagreed with their reasoning. He argued that the Court should have relied on the Equal Protection Clause of the Fourteenth Amendment instead of the Due Process Clause.
This example illustrates how a concurring opinion can agree with the outcome of a case but differ in the legal reasoning behind it.