In recent times, Rhode Island Supreme Court opinions have been chummy affairs. You might see a dissent here and there, but for the most part, the decisions are unanimous.
The last robust period of dissent occurred during the colorful tenure of Associate Justice Robert G. Flanders, Jr., from 1996 to 2004, who dissented frequently from majority opinions.
While the Court has not returned to a pattern of frequent disagreement, Justice Robinson has dissented more frequently and with more vigor in the past few terms (2015-16 and 2016-17) than in prior years.
Should the Rhode Island Veterans Home be subject to tort damages above the statutory cap? Justice Robinson disagrees with the Court and says je pense que non. Is that Collective Bargaining Agreement clear so that summary judgment can enter? Justice Robinson departs from his colleagues and says utique poterit. Should an acquittal motion be granted? Justice Robinson says his colleagues shouldn’t have said Auf Wiedersehen to the idea.
For the 2016-17 term, the Supreme Court heard 97 cases, and Justice Robison dissented in 7. Justice Robinson also dissented in 7 of the Court’s 98 cases in the 2015-16 term. These are upticks from prior years, when Justice Robinson usually dissented from 2-3 cases, or sometimes 4-5 cases.
Will Justice Robinson continue his dissenting trend? And what will it mean for the Court? Time will tell. So far this term (2017-18), the Court has published 12 opinions, with no dissents and one very short concurrence from Justice Indeglia.