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United States V. Brignoni-ponce (1974)

 

Document 1

From: Lewis F. Powell
To: Conference
Copied: None
On: May 24th, 1975
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 2

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: May 28th, 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 3

From: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: May 28th, 1975
Action: May Join Memorandum Opinion (Author is Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion drafted by the assigned opinion author (e.g., could go along with memorandum opinion; agrees generally with memorandum opinion; agree tentatively with memorandum opinion; will join memorandum opinion if it becomes majority opinion)

Document 4

From: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: May 28th, 1975
Action: May Join Memorandum Opinion (Author is Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion drafted by the assigned opinion author (e.g., could go along with memorandum opinion; agrees generally with memorandum opinion; agree tentatively with memorandum opinion; will join memorandum opinion if it becomes majority opinion)

Document 5

From: William O. Douglas
To: Conference
Copied: None
On: June 5th, 1975
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 6

From: William O. Douglas
To: Lewis F. Powell
Copied: Conference
On: June 5th, 1975
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 7

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: June 6th, 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 8

From: Lewis F. Powell
To: Conference
Copied: None
On: June 10th, 1975
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 9

From: William H. Rehnquist
To: Warren E. Burger, Byron R. White, Harry A. Blackmun
Copied: None
On: June 10th, 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 10

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Warren E. Burger, Byron R. White
On: June 11th, 1975
Action: May Join Memorandum Opinion (Author is not Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion (or per curiam opinion) written by a justice who was not assigned the opinion (e.g., agree and will join if it becomes opinion; agree with suggested order). The identity of the justice whose opinion is endorsed is located in the JOINED variable.

Document 11

From: Warren E. Burger
To: William H. Rehnquist
Copied: Byron R. White, Harry A. Blackmun
On: June 12th, 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 12

From: Lewis F. Powell
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 13

From: William H. Rehnquist
To: Conference
Copied: None
On: June 23rd, 1975
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 14

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: June 23rd, 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 15

From: Lewis F. Powell
To: Conference
Copied: None
On: June 25th, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: June 25th, 1975
Action: Withdraw Join of Separate Opinion
This includes withdrawing joins of dissents and concurrences and withdrawing joins of part of a separate opinion. The identity of the separate opinion author whose opinion had previously been joined is located in the JOINED variable.
Action: Will Write "Separate Opinion"
A memo where a justice states that he or she will circulate a "separate opinion" draft, including that a "separate opinion" will be out soon or that a revised draft of the "separate opinion" will be circulated