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Elrod V. Burns (1975)

 

Document 1

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 2nd, 1976
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: June 3rd, 1976
Action: May Join Dissent
Memos where a justice expresses the inclination to join a dissenting opinion, including joining the dissent in part; memos may also state a justice’s intention to join a dissent if another justice writes or circulates one; memos may also state that a justice expects to join or tentatively joins a dissent
Action: May Write Dissenting Opinion
A memo where a justice states that he or she may (or will likely) write a dissenting opinion (e.g., considering a dissent, expects to write dissent, will probably write dissent, may write dissent in part, inclined to dissent, shall likely be in dissent, may not write dissent, and hope not to write dissent)

Document 3

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: June 4th, 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 4

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: June 4th, 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: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 4th, 1976
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 6

From: Potter Stewart
To: Conference
Copied: None
On: June 7th, 1976
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 7

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: June 7th, 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 8

From: Potter Stewart
To: Conference
Copied: None
On: June 8th, 1976
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 9

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: June 11th, 1976
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 10

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: June 21st, 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 11

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: June 21st, 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 12

From: Lewis F. Powell
To: Conference
Copied: None
On: June 23rd, 1976
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 25th, 1976
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: June 25th, 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 15

From: Lewis F. Powell
To: Conference
Copied: None
On: June 26th, 1976
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 16

From: Warren E. Burger
To: Conference
Copied: None
On: June 26th, 1976
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form