Dissents speak to a future age. It’s not simply to say, “My colleagues are wrong and I would do it this way.” But the greatest dissents do become court opinions and gradually over time their views become the dominant view. So that’s the dissenter’s hope: that they are writing not for today but for tomorrow.
Ruth Bader Ginsburg (1933-2020) American lawyer and jurist, Supreme Court Justice (1993-2020)
“Ruth Bader Ginsburg and Malvina Harlan,” interview by Nina Totenberg, NPR (2002-05-02)
(Source)
Speaking of Justice John Marshall Harlan and his lone dissent in Civil Rights Cases, 109 U.S. 3 (1883), where the Supreme Court struck down the Civil Rights Act of 1875. Ginsburg was being interviewed for her role in getting a long-lost memoir by Malvina Harlan, the Justice's wife, published as a book.
