California Supreme Court,
Appellate Practice
Oct. 13, 2016
Dissent rising at the state high court?
Evidence suggests dissents are on the rise, now that the partisan division on the court has shifted to four appointees of Republican governors to three Democratic appointees. Only 60 percent of civil decisions to date in 2016 have been unanimous.
Kirk C. Jenkins
Partner
Lewis Roca Rothgerber Christie LLP
Email: KJenkins@lewisroca.com
Harvard Law School
Kirk is a certified specialist in appellate law.
Appellate courts place tremendous emphasis on unanimity. Since the days of John Marshall, it's been thought that an appellate court diminishes its authority to the extent it speaks with disparate voices. One of the reasons that appellate decisions take as long as they do to be issued is that courts are often searching for a resolution which as many justices as possible can agree on.
The California Supreme Court has a somewhat unusual history with unanimity and dissent. Opinions which...
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