(01-21-2019, 07:48 PM)mike86002000 Wrote: Bill wrote;
No, it is not just a technicality. The rationale and reasoning behind a court's decision is every bit as important as the result, if not more. In Milligan, there were two opinions, a majority opinion and a minority opinion. Above, where you wrote: "The ruling in "Milligan" was unanimous, not just a "majority", as Boynton says.", you are misconstruing Boynton's reference to the majority opinion.
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Is it not true that Ex patre Milligan was a unanimous decision?
Mike
Because the minority opinion was a concurring opinion and not a dissenting one, yes,
Milligan (and, by the way, it is "parte" and not "patre") was a unanimous decision with a majority opinion and a minority opinion. In short, the result of the case was unanimous, but the rationale and reasoning for reaching that result was not.