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Franks V. Bowman Transportation Co. (1975)

 

Document 1

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 22nd, 1975
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: December 23rd, 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: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: December 29th, 1975
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
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: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 4

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: December 29th, 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 5

From: Lewis F. Powell
To: Conference
Copied: None
On: January 26th, 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: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: January 28th, 1976
Action: Join Concur in Part and Dissent in Part
Memos where justices state that they join an opinion that concurs in part and dissents in part; alternatively, the opinion that is joined might concur in judgment and dissent. The identity of the opinion author who receives the join is located in the JOINED variable.

Document 7

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 29th, 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 8

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: January 29th, 1976
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 9

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: January 30th, 1976
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
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 10

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 4th, 1976
Action: Majority Opinion
This refers to a majority opinion draft

Document 11

From: Lewis F. Powell
To: Conference
Copied: None
On: February 4th, 1976
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

Document 12

From: Lewis F. Powell
To: Conference
Copied: None
On: February 10th, 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 13

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 11th, 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 14

From: Lewis F. Powell
To: Conference
Copied: None
On: February 12th, 1976
Action: Disagrees with Opinion Author
Memo expresses a justice's disagreement with an opinion author's letter, proposal, or footnote

Document 15

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: February 13th, 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.
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 16

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 13th, 1976
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: Thurgood Marshall
To: Conference
Copied: None
On: February 16th, 1976
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 18

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: February 17th, 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 19

From: Warren E. Burger
To: Conference
Copied: None
On: March 5th, 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 20

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 11th, 1976
Action: Majority Opinion
This refers to a majority opinion draft

Document 21

From: Lewis F. Powell
To: Conference
Copied: None
On: March 16th, 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 22

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 12th, 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