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Roe V. Norton (1974)

 

Document 1

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: October 15th, 1974
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case

Document 2

From: Warren E. Burger
To: Conference
Copied: None
On: March 31st, 1975
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 3

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 29th, 1975
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 4

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: April 29th, 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: William J. Brennan, Jr.
Copied: Conference
On: April 29th, 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.
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion

Document 6

From: Byron R. White
To: William J. Brennan, Jr.
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 7

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: April 30th, 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: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 1st, 1975
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 9

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: May 1st, 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 10

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: May 1st, 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: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: May 1st, 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 12

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: May 1st, 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 13

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 19th, 1975
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 14

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: Conference
On: June 19th, 1975
Action: Concur at Foot
This refers to a letter where a justice asks that a concurrence (or a concurrence in part) be noted at the foot of an opinion