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Nebraska Press Association V. Stuart (1975)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: December 11th, 1975
Action: Order
This refers to a draft order

Document 2

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: December 11th, 1975
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 3

From: Warren E. Burger
To: Conference
Copied: None
On: December 11th, 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 4

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: December 11th, 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 5

From: Harry A. Blackmun
To: Warren E. Burger
Copied: None
On: June 3rd, 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 6

From: Warren E. Burger
To: Conference
Copied: None
On: June 7th, 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 7

From: Warren E. Burger
To: Conference
Copied: None
On: June 7th, 1976
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: June 8th, 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 9

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 8th, 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 10

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

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: June 8th, 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 Not Join Separate Opinion
Memos where a justice refuses to join a separate opinion, including concurring, dissenting, or any other separate opinion.

Document 12

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: June 8th, 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: William J. Brennan, Jr.
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 14

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: June 9th, 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 15

From: Byron R. White
To: Conference
Copied: None
On: June 9th, 1976
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 16

From: John Paul Stevens
To: Conference
Copied: None
On: June 9th, 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.
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 17

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: June 9th, 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 18

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: June 9th, 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 19

From: Byron R. White
To: Conference
Copied: None
On: June 10th, 1976
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 20

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: June 21st, 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 21

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

Document 22

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

Document 23

From: John Paul Stevens
To: Conference
Copied: None
On: June 21st, 1976
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 24

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: June 22nd, 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 25

From: Warren E. Burger
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 26

From: John Paul Stevens
To: Conference
Copied: None
On: June 24th, 1976
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 27

From: Warren E. Burger
To: Conference
Copied: None
On: June 25th, 1976
Action: Majority Opinion
This refers to a majority opinion draft

Document 28

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