Legal and constitutional historian Marco Basile spoke on Apr. 10 at a Harvard Law School event, encouraging future lawyers to consider the complexities of dissent both in their professional and personal lives. The talk was organized by the Catholic Law Students Association.
Basile said that learning when and how to disagree is essential for lawyers as well as people of faith. He described dissent as an inherent part of both legal systems and religious traditions, noting that questioning can enrich faith rather than diminish it.
Drawing from his experience clerking for Justice Ruth Bader Ginsburg and federal judges David Barron and Paul Watford, Basile highlighted examples where judicial dissents had significant impact. He pointed to Justices William Brennan Jr. and Thurgood Marshall, who dissented in every death penalty case before them out of a sense of integrity. Another example he cited was Ginsburg’s 2007 dissent in Ledbetter v. Goodyear Tire & Rubber Company, which called on Congress to amend what she viewed as an unfair statute limiting workplace discrimination lawsuits—a change Congress made two years later with the Lily Ledbetter Fair Pay Act.
Basile explained that judges may dissent not only out of principle but also to influence future decisions or correct perceived errors for historical record. He advised aspiring lawyers to weigh the costs and consequences before taking a stand against prevailing opinions: “You might be wrong, and the fact that most of your colleagues disagree with you is often an indication that you might be wrong,” Basile said.
As a practicing Catholic, Basile said he looks to his faith for guidance on when to voice disagreement or remain silent, referencing biblical figures like Nicodemus who confronted doubts directly. “When it comes to the deeper question of dissent: ‘How do I know what to do?’ I’m inviting you to think of your faith, from whatever tradition, as a really important resource … It can be valuable practice for developing your conscience or your inner life … and enabling you to know when and how to speak up or stay silent or walk out,” he said.
