The Value of Dissent: The Iconic Dissents of Justices Ruth Bader Ginsburg and Antonin Scalia

Catalog description

While some scholars refer to the value of dissents by the justices of the Supreme Court of the United States as limited to posterity and for the benefit of law students, other scholars view their value as impactful contributions to jurisprudence that affect the outcome of future cases. Despite their philosophical differences, Justice Ruth Bader Ginsburg and Justice Antonin Scalia were recognized for dissents that were well-reasoned evaluations of the law and the underlying facts. The Ginsburg and Scalia dissents were also notable for their passion and their pragmatism. The course will involve analysis of Ginsburg's and Scalia's dissenting opinions based upon style, content, legal analysis and persuasiveness. Class exercises will involve advocacy in favor of or in opposition to the dissent. The class will also involve a study of the how Ginsburg's and Scalia's personal and professional life experience shaped and influenced their opinions.