Justice Gregory dissented, stating that LoopNet had engaged in active, volitional conduct because of its screening process.
The Third Circuit made this decision 2-1, with future Supreme Court Justice Samuel Alito in dissent.
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Over the dissenting opinion of four judges, the majority found that the character of the transaction was that of a capital expenditure, and thus not deductible as an Expense.
Justices Antonin Scalia and Clarence Thomas jointly filed a dissenting opinion arguing that the majority's ruling would prevent government funding for specific ideological programs.
CRTC commissioner Michel Morin took the unusual step of issuing a dissenting opinion, in which he stated that Corus Entertainment's competing proposal for a new talk radio station served a greater need in the market.
While serving with the Sixth Circuit Court of Appeals, he supplied a dissenting opinion on a decision upholding the Patient Protection and Affordable Care Act mandate to purchase health insurance.
Justice John Marshall Harlan wrote a dissenting opinion, which was joined by Justices White and Day.
He wrote the lone dissenting opinion in the controversy over the Oregon Territory’s capital between Oregon City and Salem.
The dissenting opinion by Chief Judge Anthony Joseph Scirica contested that the majority were simply employing their own assumptions, and that the FCC should be allowed to use its mandated expertise and make adjustments as necessary.
Further, Justice Brennan in his dissenting opinion argued that the police had failed to show that the checkpoint seizures were a necessary tool and worth the intrusion on individual privacy.
Justice Fuller delivered a dissenting opinion, which was joined by Justices Harlan and McKenna.