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Herring V. New York (1974)

 

Document 1

From: William O. Douglas
To: Byron R. White
Copied: Conference
On: October 16th, 1974
Action: Join Dissent
Memos where a justice states that they join a dissenting opinion, including joining the dissent in part, joining a dissent from denial of cert, or joining a dissent at foot. The identity of the dissenting opinion author who receives the join is located in the JOINED variable.

Document 2

From: Potter Stewart
To: Byron R. White
Copied: Conference
On: October 16th, 1974
Action: Join Dissent
Memos where a justice states that they join a dissenting opinion, including joining the dissent in part, joining a dissent from denial of cert, or joining a dissent at foot. The identity of the dissenting opinion author who receives the join is located in the JOINED variable.

Document 3

From: Byron R. White
To: Conference
Copied: None
On: October 17th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 4

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: March 3rd, 1975
Action: Majority Opinion Assignment
This may be an assignment of either the majority opinion or a memorandum opinion; memo may state that a justice has agreed to undertake the opinion of the Court; memo reassigns the case

Document 5

From: Warren E. Burger
To: Conference
Copied: None
On: March 5th, 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 6

From: Potter Stewart
To: Conference
Copied: None
On: April 5th, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: Thurgood Marshall
To: Potter Stewart
Copied: Conference
On: April 7th, 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 8

From: Byron R. White
To: Potter Stewart
Copied: Conference
On: April 8th, 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 9

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: April 8th, 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 10

From: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: April 8th, 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: William J. Brennan, Jr.
To: Potter Stewart
Copied: Conference
On: April 9th, 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: Potter Stewart
To: Conference
Copied: None
On: April 9th, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: William H. Rehnquist
To: Potter Stewart
Copied: Conference
On: April 10th, 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 14

From: Potter Stewart
To: Conference
Copied: None
On: April 25th, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: May 5th, 1975
Action: Join Dissent
Memos where a justice states that they join a dissenting opinion, including joining the dissent in part, joining a dissent from denial of cert, or joining a dissent at foot. The identity of the dissenting opinion author who receives the join is located in the JOINED variable.

Document 16

From: William H. Rehnquist
To: Conference
Copied: None
On: May 5th, 1975
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 17

From: William H. Rehnquist
To: Conference
Copied: None
On: May 12th, 1975
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 18

From: William O. Douglas
To: Potter Stewart
Copied: Conference
On: May 21st, 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 19

From: Potter Stewart
To: Conference
Copied: None
On: May 21st, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 20

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