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Preiser V. Newkirk (1974)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: May 23rd, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: William H. Rehnquist
To: Warren E. Burger
Copied: None
On: May 23rd, 1975
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
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 3

From: Warren E. Burger
To: Conference
Copied: None
On: May 27th, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: May 27th, 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: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: May 30th, 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 6

From: Thurgood Marshall
To: Conference
Copied: None
On: May 30th, 1975
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 7

From: Warren E. Burger
To: Conference
Copied: None
On: June 2nd, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: Warren E. Burger
To: Conference
Copied: None
On: June 2nd, 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
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 9

From: William O. Douglas
To: Thurgood Marshall
Copied: Conference
On: June 2nd, 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 10

From: Warren E. Burger
To: Conference
Copied: None
On: June 4th, 1975
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 11

From: Thurgood Marshall
To: Conference
Copied: None
On: June 5th, 1975
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: June 9th, 1975
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 13

From: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: June 9th, 1975
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 14

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: June 9th, 1975
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change
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 15

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: June 10th, 1975
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 16

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: June 10th, 1975
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 17

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: June 11th, 1975
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 18

From: William O. Douglas
To: Warren E. Burger
Copied: Conference
On: June 11th, 1975
Action: Will Dissent If...
Justice states conditions for a dissent, including a dissent in part; memo may also state conditions for withdrawing a dissenting opinion
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 19

From: Warren E. Burger
To: Conference
Copied: None
On: June 17th, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 20

From: Warren E. Burger
To: Conference
Copied: None
On: June 17th, 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 21

From: Thurgood Marshall
To: Conference
Copied: None
On: June 18th, 1975
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 22

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: June 18th, 1975
Action: Join Majority If...
Justice sends memo to majority opinion author that states that the conditions under which the justice can or will not join the majority opinion; this includes memos with language like will join if..., will join the majority opinion if author makes changes suggested by another justice, or will join part of majority opinion if...; these memos may also state that a justice cannot join majority opinion if..., or could not join an opinion with a particular point, will withdraw join if...

Document 23

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: June 18th, 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: Issue Signed Opinion
Justices expresses view that there is opinion should be signed; wants a majority opinion instead of a per curiam decision or an order; does not want summary disposition on the merits
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 24

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: June 18th, 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 25

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: June 18th, 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 26

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: June 18th, 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: Issue Signed Opinion
Justices expresses view that there is opinion should be signed; wants a majority opinion instead of a per curiam decision or an order; does not want summary disposition on the merits

Document 27

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: June 18th, 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 28

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

Document 29

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: June 19th, 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: Withdraw Concurring Opinion
This includes withdrawn concurrences in part, concurrence in judgment, and concurrence at foot
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 30

From: Warren E. Burger
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 31

From: Thurgood Marshall
To: Conference
Copied: None
On: June 20th, 1975
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 32

From: Warren E. Burger
To: Conference
Copied: None
On: June 20th, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 33

From: William O. Douglas
To: Warren E. Burger
Copied: Conference
On: June 20th, 1975
Action: Dissent at Foot
This refers to a letter where a justice asks that a dissent (or a dissent in part) be noted at the foot of an opinion; it also includes at foot opinions that indicates the justice wants the Court to hear arguments and decide rather than dismiss or decide summarily