Dissenting opinions grew rapidly across the nineteenth century

Evidence

In this period, too, open disagreement on the Court became more visible. Dissenting opinions had been rare on the Marshall court. Peter V. Daniel (1841–​1860) was a persistent dissenter. He wrote almost as many dissents and special concurrences as majority opinions. Samuel F. Miller dissented 159 times, and Stephen Field 233 times, in the course of their careers. John Marshall Harlan (1877–​1911) entered no less than 380 dissents. — Lawrence M. Friedman, A History of American Law, 2217

Categorization

• XREF: Ch21/48 claimed reports were published partly to check judicial discretion; the rise of open dissent in the same era reveals a shift in judicial self-conception worth tying together.