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Usery V. Turner Elkhorn Mining Co. (1975)

 

Document 1

From: Thurgood Marshall
To: Conference
Copied: None
On: April 1st, 1976
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: April 2nd, 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 3

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: April 7th, 1976
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: 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 4

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: April 9th, 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 5

From: Potter Stewart
To: Conference
Copied: None
On: May 25th, 1976
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 6

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: June 7th, 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: Thurgood Marshall
To: Conference
Copied: None
On: June 16th, 1976
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: June 16th, 1976
Action: Concur in Judgment at Foot
This refers to a letter where a justice asks that a concurrence in judgment or the result be noted at the foot of an opinion, including a concur in judgment or result in part at foot

Document 9

From: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: June 16th, 1976
Action: Concurring Opinion Author's Response
May be response to a suggestion, the majority opinion, another separate opinion; it may say the author made changes and see the attached opinion; it may indicate the opinion has been changed although not prompted by someone else

Document 10

From: Potter Stewart
To: Conference
Copied: None
On: June 18th, 1976
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 11

From: Thurgood Marshall
To: Conference
Copied: None
On: June 23rd, 1976
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 12

From: William H. Rehnquist
To: Potter Stewart
Copied: Conference
On: June 25th, 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 13

From: Lewis F. Powell
To: Conference
Copied: None
On: June 26th, 1976
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 14

From: Lewis F. Powell
To: Conference
Copied: None
On: June 30th, 1976
Action: Concurring Opinion
This refers to a concurring opinion draft