Concurring opinion

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A concurring opinion is an opinion that agrees with the majority opinion but does not agree with the rationale behind it. Instead of joining the majority, the concurring judge will write a separate opinion describing the basis behind their decision. 

Concurring opinions are not binding since they did not receive the majority of the court’s support, but they can be used by lawyers as persuasive material. There are some rare circumstances in which the concurring opinion eventually becomes law, such as in Escola v. Coca-Cola Bottling Co.

[Last updated in June of 2021 by the Wex Definitions Team]