Dubitante
Literal meaning: “Doubting; being in doubt”
What does the Latin term "Dubitante" mean in law?
Dubitante is a notation used in judicial opinions indicating that a judge has doubts about the legal proposition being adopted by the majority but does not feel strongly enough to file a formal dissent. A judge who concurs dubitante joins the majority's result while expressing uncertainty or reservations about the reasoning. It signals intellectual honesty: the judge acknowledges the strength of the majority's position but harbors reservations about its correctness. The notation is relatively rare and is most commonly seen in appellate decisions and Supreme Court opinions. It is distinct from a concurrence in the judgment only, which agrees with the result but disagrees with the reasoning.
Source: Procedure · Legal Latin
Legal Definition
Dubitante is a notation used in judicial opinions indicating that a judge has doubts about the legal proposition being adopted by the majority but does not feel strongly enough to file a formal dissent. A judge who concurs dubitante joins the majority's result while expressing uncertainty or reservations about the reasoning. It signals intellectual honesty: the judge acknowledges the strength of the majority's position but harbors reservations about its correctness. The notation is relatively rare and is most commonly seen in appellate decisions and Supreme Court opinions. It is distinct from a concurrence in the judgment only, which agrees with the result but disagrees with the reasoning.
How It's Used
Judges use the dubitante notation to flag their reservations without fully breaking from the majority. Legal scholars study dubitante opinions because they often signal that a legal principle may be vulnerable to future challenge or refinement.
Example Sentences
Justice Harlan concurred dubitante, expressing doubt about whether the majority's broad reading of the Commerce Clause was warranted by precedent.
The judge joined the opinion dubitante, noting that while she could not identify a clear error in the majority's reasoning, she remained uncomfortable with its implications.
The dubitante notation in the appellate opinion suggested that the legal standard might be reconsidered if the issue were squarely presented in a future case.