The New York Times reports that dissenting from the bench is on the rise. With Justice Ginsburg holding the record for most oral dissents, other justices have stepped up to add a little more sarcastic flavor to their written dissents. Is this just a way to stick it to the majority, or is it because justices feel so passionately against the court's holding that they must outwardly express their displeasure?The article mentions that some of the more prominent oral dissents were in cases such as Ledbetter v. Goodyear Tire and Rubber Co. and Stenberg v. Carhart, which, in Ledbetter's case, led to Congress passing the Lilly Ledbetter Fair Pay Act essentially overturning the original ruling. Maybe these oral dissents are a call to other sources to help overturn majority decisions when the justices themselves cannot get the votes. Then again, maybe it really is the political minority on the bench staking its claim and fighting back as aggressively as it can.
