MARKS RULE

Marks rule. The doctrine that, when the U.S. Supreme Court issues a fractured, plurality opinion, the opinion of the justices concurring in the judgment on the narrowest grounds — that is, the legal standard with which a majority of the Court would agree — is considered the Court’s holding.Marks v. United States, 430 U.S. 188, 97 S.Ct. 990 (1977). [Cases: Courts 90(2). C.J.S.

Courts § 141.]

[Blacks Law 8th]