By Linas E. Ledebur. 113 Penn St. L. Rev. 899.
Justices become binding precedent? What about one signed by three Justices? Can you go so far as to say an opinion signed onto by only a single Justice can be binding precedent? The answer is yes, and many opinions signed onto by less than a majority of the Court are consistently cited by lower courts as precedent. The reasons for this occurrence can be directly attributed to the use of concurring opinions, which has led to a mass of plurality opinions issued by the Court . . . [keep reading]