Show / Hide Files

United States V. Ortiz (1974)

 

Document 1

From: Lewis F. Powell
To: Conference
Copied: None
On: March 13th, 1975
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion
Action: Memo Regarding Meeting Time, Place or Agenda
Memo may suggest that the justice talk or discuss an issue at conference; memo may maintain that no further conference discussion is needed; memo may state that a justice will be away
Action: Case Should be Reargued
Includes statement that maybe case should be reargued

Document 2

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: April 1st, 1975
Action: Attached Material Relevant to a Case
This may include memos about maps or pictures that will be incorporated in opinion; cover memo to circulation of some relevant non-case material for an opinion (e.g., newspaper article, related lower court opinion); memos may mention extra-court material that might be relevant (e.g., congressional hearings, a statute, other opinions that are somehow (perhaps tangentially) related to case at hand); circulation of clerk’s memo about case

Document 3

From: William O. Douglas
To: Conference
Copied: None
On: April 22nd, 1975
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 4

From: Lewis F. Powell
To: Conference
Copied: None
On: April 23rd, 1975
Action: Will Write Memorandum Opinion
A memo where a justice states that he or she will circulate a memorandum opinion draft, including that a memorandum opinion will be out soon or that a revised draft of the memorandum opinion will be circulated

Document 5

From: Lewis F. Powell
To: Conference
Copied: None
On: May 23rd, 1975
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 6

From: Lewis F. Powell
To: Conference
Copied: None
On: May 24th, 1975
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 7

From: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: May 28th, 1975
Action: May Join Memorandum Opinion (Author is Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion drafted by the assigned opinion author (e.g., could go along with memorandum opinion; agrees generally with memorandum opinion; agree tentatively with memorandum opinion; will join memorandum opinion if it becomes majority opinion)

Document 8

From: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: May 28th, 1975
Action: May Join Memorandum Opinion (Author is Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion drafted by the assigned opinion author (e.g., could go along with memorandum opinion; agrees generally with memorandum opinion; agree tentatively with memorandum opinion; will join memorandum opinion if it becomes majority opinion)

Document 9

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: May 28th, 1975
Action: May Join Memorandum Opinion (Author is Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion drafted by the assigned opinion author (e.g., could go along with memorandum opinion; agrees generally with memorandum opinion; agree tentatively with memorandum opinion; will join memorandum opinion if it becomes majority opinion)

Document 10

From: William O. Douglas
To: Lewis F. Powell
Copied: Conference
On: June 4th, 1975
Action: May Join Memorandum Opinion (Author is Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion drafted by the assigned opinion author (e.g., could go along with memorandum opinion; agrees generally with memorandum opinion; agree tentatively with memorandum opinion; will join memorandum opinion if it becomes majority opinion)

Document 11

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: June 6th, 1975
Action: Majority Opinion Author's Response
May be response to a suggestion, reservation, or a separate opinion; may also say that author will respond to another opinion; may state majority opinion author's change to opinion that was not prompted by another justice; may indicate that the opinion is different from the conference discussion; may be a circulation of a portion of the opinion (a footnote, multiple pages without circulating the whole opinion); may be a suggestion from the majority opinion author regarding several options for changing majority opinion; may be a suggestion from the author for a change that could be made to opinion

Document 12

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: June 9th, 1975
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 13

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: June 9th, 1975
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 14

From: William H. Rehnquist
To: Warren E. Burger, Byron R. White, Harry A. Blackmun
Copied: None
On: June 10th, 1975
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 15

From: Lewis F. Powell
To: William J. Brennan, Jr., Potter Stewart, Thurgood Marshall
Copied: None
On: June 16th, 1975
Action: Majority Opinion Author's Response
May be response to a suggestion, reservation, or a separate opinion; may also say that author will respond to another opinion; may state majority opinion author's change to opinion that was not prompted by another justice; may indicate that the opinion is different from the conference discussion; may be a circulation of a portion of the opinion (a footnote, multiple pages without circulating the whole opinion); may be a suggestion from the majority opinion author regarding several options for changing majority opinion; may be a suggestion from the author for a change that could be made to opinion
Action: Memo Regarding Meeting Time, Place or Agenda
Memo may suggest that the justice talk or discuss an issue at conference; memo may maintain that no further conference discussion is needed; memo may state that a justice will be away

Document 16

From: William H. Rehnquist
To: Warren E. Burger, Byron R. White, Harry A. Blackmun
Copied: None
On: June 16th, 1975
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 17

From: Warren E. Burger
To: Byron R. White, Harry A. Blackmun, William H. Rehnquist
Copied: None
On: June 17th, 1975
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 18

From: Lewis F. Powell
To: Conference
Copied: None
On: June 19th, 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

Document 19

From: Lewis F. Powell
To: Conference
Copied: None
On: June 23rd, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 20

From: William H. Rehnquist
To: Conference
Copied: None
On: June 23rd, 1975
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 21

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: June 23rd, 1975
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 22

From: Byron R. White
To: Conference
Copied: None
On: June 24th, 1975
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 23

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: June 25th, 1975
Action: Withdraw Join of Separate Opinion
This includes withdrawing joins of dissents and concurrences and withdrawing joins of part of a separate opinion. The identity of the separate opinion author whose opinion had previously been joined is located in the JOINED variable.
Action: Will Write "Separate Opinion"
A memo where a justice states that he or she will circulate a "separate opinion" draft, including that a "separate opinion" will be out soon or that a revised draft of the "separate opinion" will be circulated

Document 24

From: Warren E. Burger
To: Conference
Copied: None
On: June 25th, 1975
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 25

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: June 26th, 1975
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 26

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: June 26th, 1975
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 27

From: Byron R. White
To: Conference
Copied: None
On: June 26th, 1975
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result