Answer:
The correct answer is D. If, due to a combination of concurring and dissenting justices, fewer than five justices join the opinion of the supreme court, that opinion becomes a dissenting rather than a majority opinion.
Step-by-step explanation:
A dissenting opinion is a term in jurisprudence denoting the opinion of a member of a collegial body who fully or partially disagrees with the decision adopted by the majority of this body. A dissenting opinion is usually set out in writing.
In court, when considering a case by a panel of judges, a judge who does not agree with the decision or sentence has the right to express a dissenting opinion, which is attached to the case file. In other collegial bodies (for example, commissions), a dissenting opinion is attached to the minutes of the meeting or the text of the decision. Also known is the practice of expressing a dissenting opinion directly in the minutes of the meeting, by signing it with the note “with a dissenting opinion”.
The dissenting opinion, in itself, has no legal consequences, however, it can be used in reviewing decisions by higher authorities.