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Buckley V. Valeo (1975)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: November 4th, 1975
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion

Document 2

From: Thurgood Marshall
To: Byron R. White
Copied: None
On: November 10th, 1975
Action: Appointing Lawyers or Special Masters
Appointing Lawyers or Special Masters

Document 3

From: Byron R. White
To: Thurgood Marshall
Copied: None
On: November 10th, 1975
Action: Appointing Lawyers or Special Masters
Appointing Lawyers or Special Masters

Document 4

From: Warren E. Burger
To: Conference
Copied: None
On: November 12th, 1975
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 5

From: Warren E. Burger
To: Potter Stewart, Lewis F. Powell
Copied: None
On: November 17th, 1975
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 6

From: Warren E. Burger
To: Conference
Copied: None
On: November 18th, 1975
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 7

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: November 18th, 1975
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 8

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: None
On: November 18th, 1975
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 9

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: December 1st, 1975
Action: Will Circulate Majority Opinion
A memo where a justice states that he or she will circulate a majority opinion draft, including that an opinion will be out soon or that the author will revise majority opinion without stating the changes

Document 10

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: December 1st, 1975
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
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 11

From: William J. Brennan, Jr.
To: Warren E. Burger, Potter Stewart, Lewis F. Powell
Copied: None
On: December 8th, 1975
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 12

From: William H. Rehnquist
To: Conference
Copied: None
On: December 12th, 1975
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 13

From: William H. Rehnquist
To: Warren E. Burger, William J. Brennan, Jr., Potter Stewart
Copied: None
On: December 16th, 1975
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: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: December 17th, 1975
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 15

From: Warren E. Burger
To: Conference
Copied: None
On: December 17th, 1975
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 16

From: Warren E. Burger
To: Conference
Copied: None
On: December 17th, 1975
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
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 17

From: Warren E. Burger
To: William J. Brennan, Jr., Potter Stewart, Byron R. White
Copied: None
On: December 17th, 1975
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 18

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: December 17th, 1975
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
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 19

From: Potter Stewart
To: Conference
Copied: None
On: December 18th, 1975
Action: Order
This refers to a draft order

Document 20

From: Warren E. Burger
To: Conference
Copied: None
On: December 18th, 1975
Action: Order
This refers to a draft order

Document 21

From: Byron R. White
To: Conference
Copied: None
On: December 18th, 1975
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 22

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 18th, 1975
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 23

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: December 18th, 1975
Action: Will Circulate Majority Opinion
A memo where a justice states that he or she will circulate a majority opinion draft, including that an opinion will be out soon or that the author will revise majority opinion without stating the changes
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 24

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: December 18th, 1975
Action: Join Order
Memos where a justice joins an order if order is not on merits of case. If an order disposes of a case, a joinder is coded 300.

Document 25

From: William H. Rehnquist
To: Conference
Copied: None
On: December 18th, 1975
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 26

From: Potter Stewart
To: Conference
Copied: None
On: December 18th, 1975
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 27

From: Byron R. White
To: Potter Stewart
Copied: Conference
On: December 19th, 1975
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 28

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: December 19th, 1975
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 29

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: December 19th, 1975
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 30

From: Warren E. Burger
To: Conference
Copied: None
On: December 19th, 1975
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 31

From: Warren E. Burger
To: Conference
Copied: None
On: December 19th, 1975
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 32

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: December 19th, 1975
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 33

From: William O. Douglas
To: Warren E. Burger
Copied: Conference
On: December 20th, 1975
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 34

From: Lewis F. Powell
To: Conference
Copied: None
On: December 22nd, 1975
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 35

From: Warren E. Burger
To: Conference
Copied: None
On: December 22nd, 1975
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 36

From: Lewis F. Powell
To: Conference
Copied: None
On: December 22nd, 1975
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 37

From: William H. Rehnquist
To: Conference
Copied: None
On: December 24th, 1975
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
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 38

From: Lewis F. Powell
To: Conference
Copied: None
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: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.
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
Action: Will Make Suggestion
Memo states that a justice will make a suggestion to the majority opinion, including statements that a justice will postpone making a suggestion for now or that the justice may make suggestion

Document 39

From: Potter Stewart
To: Conference
Copied: None
On: December 29th, 1975
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
Action: Will Make Suggestion
Memo states that a justice will make a suggestion to the majority opinion, including statements that a justice will postpone making a suggestion for now or that the justice may make suggestion

Document 40

From: Warren E. Burger
To: Conference
Copied: None
On: December 29th, 1975
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion

Document 41

From: Warren E. Burger
To: Conference
Copied: None
On: December 30th, 1975
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
Action: Undecided
Justice states that he or she is undecided, including phrases like not ready to commit, need more time, not at rest, or to consider further

Document 42

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

Document 43

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 2nd, 1976
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.
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
Action: Will Write Separately If...
Justice states conditions for writing a separate opinion; memo may also state conditions for withdrawing a separate opinion

Document 44

From: Byron R. White
To: Conference
Copied: None
On: January 5th, 1976
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
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: 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
Action: May Join Memorandum Opinion (Author is Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion drafted by the assigned opinion author (e.g., could go along with memorandum opinion; agrees generally with memorandum opinion; agree tentatively with memorandum opinion; will join memorandum opinion if it becomes majority opinion)

Document 45

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: January 6th, 1976
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 46

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: January 6th, 1976
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 47

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: None
On: January 6th, 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 48

From: Lewis F. Powell
To: Conference
Copied: None
On: January 8th, 1976
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 49

From: Potter Stewart
To: Lewis F. Powell
Copied: None
On: January 8th, 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 50

From: Lewis F. Powell
To: Conference
Copied: None
On: January 15th, 1976
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 51

From: Potter Stewart
To: Conference
Copied: None
On: January 15th, 1976
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 52

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: January 15th, 1976
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 53

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 16th, 1976
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 54

From: Byron R. White
To: Conference
Copied: None
On: January 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 55

From: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: January 16th, 1976
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion
Action: Will Make Suggestion
Memo states that a justice will make a suggestion to the majority opinion, including statements that a justice will postpone making a suggestion for now or that the justice may make suggestion

Document 56

From: Byron R. White
To: Conference
Copied: None
On: January 16th, 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 57

From: William H. Rehnquist
To: Warren E. Burger, William J. Brennan, Jr., Potter Stewart
Copied: None
On: January 17th, 1976
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 58

From: Warren E. Burger
To: Conference
Copied: None
On: January 19th, 1976
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 59

From: Lewis F. Powell
To: William J. Brennan, Jr., Potter Stewart, William H. Rehnquist
Copied: Conference
On: January 19th, 1976
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion
Action: Will Make Suggestion
Memo states that a justice will make a suggestion to the majority opinion, including statements that a justice will postpone making a suggestion for now or that the justice may make suggestion

Document 60

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: January 19th, 1976
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 61

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: January 19th, 1976
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 62

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: January 19th, 1976
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 63

From: Thurgood Marshall
To: Conference
Copied: None
On: January 19th, 1976
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion
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 64

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: January 19th, 1976
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 65

From: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: January 19th, 1976
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 66

From: Potter Stewart
To: William H. Rehnquist
Copied: Conference
On: January 19th, 1976
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 67

From: William J. Brennan, Jr.
To: William H. Rehnquist
Copied: Conference
On: January 19th, 1976
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 68

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: Conference
On: January 19th, 1976
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 69

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: January 19th, 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: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 70

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: January 19th, 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: 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 71

From: Harry A. Blackmun
To: Potter Stewart
Copied: None
On: January 19th, 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 72

From: Warren E. Burger
To: Conference
Copied: None
On: January 19th, 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 73

From: William H. Rehnquist
To: Conference
Copied: None
On: January 20th, 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 74

From: Byron R. White
To: Conference
Copied: None
On: January 20th, 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 75

From: Warren E. Burger
To: Conference
Copied: None
On: January 20th, 1976
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 76

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: January 20th, 1976
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 77

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 20th, 1976
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 78

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: January 20th, 1976
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.

Document 79

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 20th, 1976
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.

Document 80

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: January 20th, 1976
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.

Document 81

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: January 20th, 1976
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.

Document 82

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: January 20th, 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 83

From: Warren E. Burger
To: Conference
Copied: None
On: January 20th, 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 84

From: William H. Rehnquist
To: Conference
Copied: None
On: January 20th, 1976
Action: Separate Opinion Author's Response
Circulation of Change to Separate Opinion (e.g., footnote, portion of opinion, adding paragraph); this occurs in a memo, not on a draft opinion; circulation of change to unlabeled opinion

Document 85

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

Document 86

From: Warren E. Burger
To: Conference
Copied: None
On: January 21st, 1976
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 87

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 21st, 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 88

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: January 21st, 1976
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 89

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 22nd, 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 90

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: January 22nd, 1976
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 91

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: January 22nd, 1976
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 92

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 26th, 1976
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 93

From: Byron R. White
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 94

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 26th, 1976
Action: Attached Material Relevant to a Case
This may include memos about maps or pictures that will be incorporated in opinion; cover memo to circulation of some relevant non-case material for an opinion (e.g., newspaper article, related lower court opinion); memos may mention extra-court material that might be relevant (e.g., congressional hearings, a statute, other opinions that are somehow (perhaps tangentially) related to case at hand); circulation of clerk’s memo about case

Document 95

From: Lewis F. Powell
To: Conference
Copied: None
On: January 26th, 1976
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion

Document 96

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 26th, 1976
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion

Document 97

From: Thurgood Marshall
To: Conference
Copied: None
On: January 27th, 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 98

From: Warren E. Burger
To: Conference
Copied: None
On: January 27th, 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 99

From: Warren E. Burger
To: Conference
Copied: None
On: January 27th, 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
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 100

From: William H. Rehnquist
To: Conference
Copied: None
On: January 28th, 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 101

From: Warren E. Burger
To: Conference
Copied: None
On: January 28th, 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 102

From: Warren E. Burger
To: Conference
Copied: None
On: January 28th, 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 103

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: January 29th, 1976
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion

Document 104

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: January 29th, 1976
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion

Document 105

From: Warren E. Burger
To: Conference
Copied: None
On: January 29th, 1976
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion

Document 106

From: Warren E. Burger
To: Conference
Copied: None
On: January 29th, 1976
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion

Document 107

From: William O. Douglas
To: Conference
Copied: None
On: January 30th, 1976
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 108

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 26th, 1976
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 109

From: Warren E. Burger
To: Conference
Copied: None
On: March 22nd, 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 110

From: Warren E. Burger
To: Conference
Copied: None
On: April 22nd, 1976
Action: Attached Material Relevant to a Case
This may include memos about maps or pictures that will be incorporated in opinion; cover memo to circulation of some relevant non-case material for an opinion (e.g., newspaper article, related lower court opinion); memos may mention extra-court material that might be relevant (e.g., congressional hearings, a statute, other opinions that are somehow (perhaps tangentially) related to case at hand); circulation of clerk’s memo about case

Document 111

From: Lewis F. Powell
To: Conference
Copied: None
On: April 23rd, 1976
Action: Concurring Opinion
This refers to a concurring opinion draft