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United States V. Foster Lumber Co. (1976)

 

Document 1

From: Warren E. Burger
To: Harry A. Blackmun
Copied: William J. Brennan, Jr., Lewis F. Powell
On: October 18th, 1976
Action: Dissent Opinion Assignment
The memo may ask another justice to write a dissent; a justice may indicate that the dissent will not be assigned right now; memo responding to a dissent assignment (but not accepting assignment, which would be Code 204)

Document 2

From: Harry A. Blackmun
To: Warren E. Burger, William J. Brennan, Jr., Lewis F. Powell
Copied: None
On: October 18th, 1976
Action: Dissent Opinion Assignment
The memo may ask another justice to write a dissent; a justice may indicate that the dissent will not be assigned right now; memo responding to a dissent assignment (but not accepting assignment, which would be Code 204)

Document 3

From: William J. Brennan, Jr.
To: Warren E. Burger, Lewis F. Powell, Harry A. Blackmun
Copied: None
On: October 20th, 1976
Action: Dissent Opinion Assignment
The memo may ask another justice to write a dissent; a justice may indicate that the dissent will not be assigned right now; memo responding to a dissent assignment (but not accepting assignment, which would be Code 204)

Document 4

From: Potter Stewart
To: Conference
Copied: None
On: October 22nd, 1976
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: None
On: October 22nd, 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 6

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: October 26th, 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 7

From: John Paul Stevens
To: Potter Stewart
Copied: Conference
On: October 26th, 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: Thurgood Marshall
To: Potter Stewart
Copied: Conference
On: October 26th, 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 9

From: Warren E. Burger
To: Conference
Copied: None
On: October 26th, 1976
Action: May Join Dissent
Memos where a justice expresses the inclination to join a dissenting opinion, including joining the dissent in part; memos may also state a justice’s intention to join a dissent if another justice writes or circulates one; memos may also state that a justice expects to join or tentatively joins a dissent

Document 10

From: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: October 26th, 1976
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 11

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: None
On: October 27th, 1976
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 12

From: Harry A. Blackmun
To: Conference
Copied: None
On: October 27th, 1976
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: October 27th, 1976
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 14

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: October 28th, 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 15

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: October 28th, 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 16

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: Conference
On: October 28th, 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 17

From: Byron R. White
To: Potter Stewart
Copied: Conference
On: October 28th, 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 18

From: William H. Rehnquist
To: Potter Stewart
Copied: Conference
On: October 28th, 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: John Paul Stevens
To: Conference
Copied: None
On: October 29th, 1976
Action: Concurring Opinion
This refers to a concurring opinion draft