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Trade Publication Article
The Reluctant Dubitante
2025
Overview
Summary * A law review article found only 12 dubitante opinions in the history of the U.S. Supreme Court. * Dubitante opinions are generally equally rare in state courts. How rare? A 2006 law review article on the subject counted just twelve dubitante opinions in the history of the U.S. Supreme Court and just four references by that court to dubitante opinions of Justices themselves. The above-noted National Law Review article quotes Judge John Bush as acknowledging that he uses dubitante opinions as a means of flagging issues for the U.S. Supreme Court: \"Ive used it in these two cases where we have Supreme Court precedent that binds us to the outcome.\"
Publisher
American Bar Association
