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Pennsylvania V. New Jersey (1975)

 

Document 1

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: December 4th, 1975
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 2

From: Warren E. Burger
To: Conference
Copied: None
On: April 14th, 1976
Action: Vote on a Motion (e.g., to vacate stay order, to deny an injunction)
Would deny stay; retain stay; suggest they not act on a motion or order; should vacate order; comment on when they should vote on the motion

Document 3

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: April 14th, 1976
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 4

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: April 14th, 1976
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

Document 5

From: Warren E. Burger
To: Conference
Copied: None
On: April 15th, 1976
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 6

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: April 15th, 1976
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: Conference
Copied: None
On: April 15th, 1976
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 8

From: Potter Stewart
To: Conference
Copied: None
On: June 3rd, 1976
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 9

From: William H. Rehnquist
To: Potter Stewart
Copied: Conference
On: June 3rd, 1976
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 10

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: June 3rd, 1976
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 11

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: June 4th, 1976
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 12

From: Warren E. Burger
To: Conference
Copied: None
On: June 7th, 1976
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 13

From: Warren E. Burger
To: Conference
Copied: None
On: June 7th, 1976
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 14

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: June 8th, 1976
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

Document 15

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: June 8th, 1976
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 16

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: June 8th, 1976
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 17

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 8th, 1976
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 18

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 8th, 1976
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 19

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: June 15th, 1976
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.