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Gregg V. Georgia (1975)

 

Document 1

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: March 2nd, 1976
Action: Memo about Supplemental or Amicus Briefs
Justice may express views on need for additional briefs (e.g., no need for supplemental briefs); justices may discuss proposed questions for supplemental briefs; justices may discuss oral arguments, reargument, or parties' briefs (e.g., date, length, exact questions that should be presented at orals or in briefs); justices may discuss asking litigants for additional information

Document 2

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: May 1st, 1976
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 3

From: Warren E. Burger
To: Conference
Copied: None
On: May 4th, 1976
Action: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice

Document 4

From: Warren E. Burger
To: Conference
Copied: None
On: May 5th, 1976
Action: Majority Opinion Assignment
This may be an assignment of either the majority opinion or a memorandum opinion; memo may state that a justice has agreed to undertake the opinion of the Court; memo reassigns the case

Document 5

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: May 7th, 1976
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 6

From: Potter Stewart
To: Lewis F. Powell, John Paul Stevens
Copied: None
On: May 27th, 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

Document 7

From: Lewis F. Powell
To: Potter Stewart, John Paul Stevens
Copied: None
On: June 1st, 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

Document 8

From: Lewis F. Powell
To: Conference
Copied: None
On: June 7th, 1976
Action: Majority Opinion
This refers to a majority opinion draft

Document 9

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 14th, 1976
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 10

From: Lewis F. Powell
To: Potter Stewart, John Paul Stevens
Copied: None
On: June 20th, 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 11

From: Lewis F. Powell
To: Conference
Copied: None
On: June 21st, 1976
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Warren E. Burger
To: Conference
Copied: None
On: June 23rd, 1976
Action: Memo Regarding Meeting Time, Place or Agenda
Memo may suggest that the justice talk or discuss an issue at conference; memo may maintain that no further conference discussion is needed; memo may state that a justice will be away

Document 13

From: Byron R. White
To: Conference
Copied: None
On: June 23rd, 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 14

From: Thurgood Marshall
To: Conference
Copied: None
On: June 25th, 1976
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 15

From: Byron R. White
To: Conference
Copied: None
On: June 28th, 1976
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 16

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: June 29th, 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
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 17

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 29th, 1976
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 18

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: June 30th, 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.
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 19

From: Harry A. Blackmun
To: Potter Stewart
Copied: Byron R. White
On: June 30th, 1976
Action: Vote Line-Up
This includes a copy of the suggested vote line-up in case (for final vote coalitions in case); this does not include memos about opinion writing, but only refers to how the vote will be reported on the final opinion

Document 20

From: Potter Stewart
To: Conference
Copied: None
On: June 30th, 1976
Action: Vote Line-Up
This includes a copy of the suggested vote line-up in case (for final vote coalitions in case); this does not include memos about opinion writing, but only refers to how the vote will be reported on the final opinion

Document 21

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 30th, 1976
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 22

From: Byron R. White
To: Conference
Copied: None
On: July 1st, 1976
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 23

From: Warren E. Burger
To: Conference
Copied: None
On: July 20th, 1976
Action: Cover Memo to Application for Order
This indicates a memo that informs the Court that an application (e.g., stay, injunction) will be circulated soon; memo about an order

Document 24

From: Lewis F. Powell
To: Conference
Copied: None
On: July 22nd, 1976
Action: Order
This refers to a draft order

Document 25

From: Lewis F. Powell
To: Conference
Copied: None
On: July 22nd, 1976
Action: Cover Memo to Order
This indicates a cover memo to a draft order that does not dispose of the case on its merits and does not dismiss the case

Document 26

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: July 22nd, 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