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Brewer V. Williams (1976)

 

Document 1

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: None provided.
Action: Dissenting Opinion Author's Response
May be a response to a suggestion, majority opinion, or 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 2

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: October 7th, 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 3

From: Thurgood Marshall
To: Potter Stewart
Copied: Conference
On: November 24th, 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: Potter Stewart
To: Conference
Copied: None
On: November 24th, 1976
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: Potter Stewart
To: Conference
Copied: None
On: November 29th, 1976
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: Conference
On: November 29th, 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 7

From: John Paul Stevens
To: Potter Stewart
Copied: Conference
On: November 29th, 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 8

From: Potter Stewart
To: Lewis F. Powell
Copied: None
On: November 30th, 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 9

From: Harry A. Blackmun
To: Conference
Copied: None
On: November 30th, 1976
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)

Document 10

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: December 1st, 1976
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority opinion).

Document 11

From: Potter Stewart
To: Conference
Copied: None
On: December 2nd, 1976
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: Conference
On: December 2nd, 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 13

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 2nd, 1976
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 14

From: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: December 3rd, 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 15

From: Byron R. White
To: Potter Stewart
Copied: Conference
On: December 9th, 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 16

From: Warren E. Burger
To: Conference
Copied: None
On: December 16th, 1976
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 17

From: Byron R. White
To: Conference
Copied: None
On: December 28th, 1976
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 18

From: Warren E. Burger
To: Conference
Copied: None
On: December 29th, 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.
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 19

From: Potter Stewart
To: Lewis F. Powell
Copied: None
On: January 3rd, 1977
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 20

From: Potter Stewart
To: Conference
Copied: None
On: January 4th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 21

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: January 6th, 1977
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 22

From: Harry A. Blackmun
To: Byron R. White
Copied: Warren E. Burger, William H. Rehnquist
On: January 6th, 1977
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 23

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 10th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 24

From: Byron R. White
To: Harry A. Blackmun
Copied: Conference
On: January 13th, 1977
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
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 25

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: January 13th, 1977
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 26

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: January 13th, 1977
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 27

From: Byron R. White
To: Conference
Copied: None
On: January 14th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 28

From: Warren E. Burger
To: Conference
Copied: None
On: January 26th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 29

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: January 31st, 1977
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 30

From: Lewis F. Powell
To: Conference
Copied: None
On: February 4th, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 31

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 8th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 32

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: February 10th, 1977
Action: May Join Concurrence
Memos where a justice expresses the inclination to join a concurring opinion, including a concurrence in the judgment or result.
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 33

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: February 11th, 1977
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 34

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 22nd, 1977
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
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 35

From: Harry A. Blackmun
To: John Paul Stevens
Copied: None
On: February 22nd, 1977
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 36

From: John Paul Stevens
To: Harry A. Blackmun
Copied: None
On: February 22nd, 1977
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 37

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 25th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 38

From: Warren E. Burger
To: Conference
Copied: None
On: February 25th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 39

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: March 1st, 1977
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 40

From: John Paul Stevens
To: Conference
Copied: None
On: March 2nd, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 41

From: Lewis F. Powell
To: Conference
Copied: None
On: March 2nd, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 42

From: Thurgood Marshall
To: Conference
Copied: None
On: March 2nd, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 43

From: Warren E. Burger
To: Conference
Copied: None
On: March 3rd, 1977
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 44

From: John Paul Stevens
To: Conference
Copied: None
On: March 4th, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 45

From: Potter Stewart
To: Conference
Copied: None
On: March 11th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 46

From: Potter Stewart
To: Conference
Copied: None
On: March 18th, 1977
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 47

From: Warren E. Burger
To: Conference
Copied: None
On: March 21st, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 48

From: Thurgood Marshall
To: Conference
Copied: None
On: March 21st, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 49

From: Potter Stewart
To: Conference
Copied: None
On: March 29th, 1977
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