I. Introduction Judicial conflict on the United States Supreme Court is not new.[1] The term “dissenter” carries rich historical meaning, reminding us of Supreme Court Justices such as Justices Oliver Wendell Holmes, Charles Evan Hughes, Louis D. Brandeis, and John Marshall Harlan.  The dissenter has traditionally been viewed with skepticism, scorned for challenging the collective thinking of the Court.  The worry is that dissent may impair the legitimacy of judicial decisions by reducing public respect for the Court’s rulings.  However, dissent could also be a function of productive debate since in the modern era of ideological polarization and partisan divide, it is not realistic to expect all nine Justices to hold similar views on each case.  If dissent is viewed in this way, it is simply a reflection of the individuality of the Justices. The right to dissent has nevertheless become an accepted part of the judicial process and a necessary form of expression for Supreme Court Justices serving on a dynamic Court.[2] The remaining puzzle is to explain the increasing frequency of dissent, not to engage in a normative debate over its impact.  Even more specifically, what happened to the norm of consensus?  What accounts for the dramatic rise [read more]