Show / Hide Files

Alyeska Pipeline Service Co. V. Wilderness Society (1974)

 

Document 1

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: March 14th, 1975
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 2

From: Byron R. White
To: Conference
Copied: None
On: March 14th, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: March 17th, 1975
Action: Will Write Dissenting Opinion
A memo where a justice states that he or she will circulate a dissenting opinion draft, including that a dissenting opinion will be out soon or that a revised draft of the dissenting opinion will be circulated; this also applies to statements responding to dissent assignments like will be glad to write dissent, self-assignment of dissent (e.g., we are in dissent and I will write it), or requesting permission to write dissent (e.g., is it ok if I write a dissent)

Document 4

From: Potter Stewart
To: Byron R. White
Copied: Conference
On: March 19th, 1975
Action: May Join Majority Opinion
Memos where a justice states the intent to join the majority opinion later (e.g., may join majority; will probably join majority; could join majority; agree tentatively; inclined to join; close to joining; agrees generally; agree with most of opinion; in basic agreement; intend to join; am prepared to join; expect to join; expect to join part of majority opinion; join unless someone else dissents; will join majority opinion if no majority exists; join unless someone else persuades me

Document 5

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: March 19th, 1975
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 6

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: March 24th, 1975
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 7

From: Byron R. White
To: Conference
Copied: None
On: April 1st, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: Byron R. White
To: Conference
Copied: None
On: April 8th, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 9

From: Byron R. White
To: Conference
Copied: None
On: April 14th, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: Thurgood Marshall
To: Conference
Copied: None
On: April 16th, 1975
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 11

From: Byron R. White
To: Conference
Copied: None
On: April 25th, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 29th, 1975
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: Thurgood Marshall
To: Conference
Copied: None
On: April 29th, 1975
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 14

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: April 30th, 1975
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 15

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: April 30th, 1975
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 16

From: Byron R. White
To: Conference
Copied: None
On: May 1st, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: Potter Stewart
To: Byron R. White
Copied: Conference
On: May 5th, 1975
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 18

From: Byron R. White
To: Conference
Copied: None
On: May 9th, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: Byron R. White
To: Conference
Copied: None
On: May 20th, 1975
Action: Proposes Disposition of Held Cases
Memo lists cases held for an opinion and gives cert votes or votes on the merits for the held cases; justice may state that held cases should be discussed at conference