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Gerstein V. Pugh (1974)

 

Case Details

Docket Number: 73-477
Case Term: 1974

Justices Involved

Justice Lewis F. Powell
Justice Byron R. White
Justice William H. Rehnquist
Justice Potter Stewart
Justice Harry A. Blackmun
Justice Thurgood Marshall
Justice William J. Brennan, Jr.
Justice Warren E. Burger
Justice William O. Douglas

Download PDF
Download Documents PDF

Document 1

From: Lewis F. Powell
To: Conference
Copied: None
On: December 17th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Lewis F. Powell
To: Conference
Copied: None
On: January 10th, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: January 10th, 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 4

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: January 14th, 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 5

From: Potter Stewart
To: Conference
Copied: None
On: January 15th, 1975
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 6

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: January 15th, 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 7

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: None
On: January 15th, 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 8

From: Thurgood Marshall
To: Potter Stewart
Copied: Conference
On: January 16th, 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 9

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: Conference
On: January 16th, 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 10

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: January 24th, 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 11

From: Potter Stewart
To: Conference
Copied: None
On: February 5th, 1975
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 12

From: William O. Douglas
To: Potter Stewart
Copied: Conference
On: February 5th, 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 13

From: Lewis F. Powell
To: Conference
Copied: None
On: February 7th, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: Potter Stewart
To: Conference
Copied: None
On: February 11th, 1975
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 15

From: Lewis F. Powell
To: Conference
Copied: None
On: February 12th, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: Lewis F. Powell
To: Conference
Copied: None
On: February 26th, 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