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American Radio Association V. Mobile Steamship Association, Inc. (1974)

 

Document 1

From: Warren E. Burger
To: William H. Rehnquist
Copied: Byron R. White, Harry A. Blackmun, Lewis F. Powell
On: November 1st, 1974
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 2

From: William H. Rehnquist
To: Warren E. Burger, Byron R. White, Harry A. Blackmun
Copied: None
On: November 1st, 1974
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 3

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Warren E. Burger, Byron R. White, Harry A. Blackmun
On: November 5th, 1974
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 4

From: William H. Rehnquist
To: Conference
Copied: None
On: November 15th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: Potter Stewart
To: Conference
Copied: None
On: November 18th, 1974
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 6

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: November 19th, 1974
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
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 7

From: Potter Stewart
To: Conference
Copied: None
On: November 22nd, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 8

From: William O. Douglas
To: Potter Stewart
Copied: None
On: November 23rd, 1974
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)
Action: Suggestion to Separate Opinion
Memo states includes a justice's suggestion for a separate opinion (e.g., don't agree with reasoning of separate opinion; comment on separate opinion; will join separate opinion if; cannot join separate opinion; will be making suggestion to separate opinion). The identity of the separate opinion author who receives suggestion is located in the JOINED variable.

Document 9

From: William H. Rehnquist
To: Conference
Copied: None
On: November 26th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: November 26th, 1974
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: November 26th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: November 27th, 1974
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: Warren E. Burger
To: Conference
Copied: None
On: November 27th, 1974
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 14

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: November 27th, 1974
Action: Cover Memo to Separate Opinion
This indicates a cover memo to any separate opinion, including concurring, dissenting, or any other type of separate opinion

Document 15

From: Thurgood Marshall
To: Potter Stewart
Copied: Conference
On: November 29th, 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 16

From: William O. Douglas
To: Conference
Copied: None
On: November 29th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 17

From: Warren E. Burger
To: Conference
Copied: None
On: December 2nd, 1974
Action: Withdraw Concurring Opinion
This includes withdrawn concurrences in part, concurrence in judgment, and concurrence at foot
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: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: December 12th, 1974
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: William H. Rehnquist
To: Conference
Copied: None
On: December 12th, 1974
Action: Majority Opinion
This refers to a majority opinion draft