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United Jewish Organizations Of Williamsburgh, Inc. V. Carey (1976)

 

Document 1

From: Byron R. White
To: Conference
Copied: None
On: November 22nd, 1976
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: November 22nd, 1976
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 3

From: John Paul Stevens
To: Conference
Copied: None
On: November 30th, 1976
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 4

From: Potter Stewart
To: Conference
Copied: None
On: November 30th, 1976
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 5

From: Byron R. White
To: Conference
Copied: None
On: December 2nd, 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 6

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: December 3rd, 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: Will Write Concurring Opinion
A memo where a justice states that he or she will circulate a concurring opinion draft, including that a concurring opinion will be out soon or that a revised draft of the concurring opinion will be circulated; this may also apply to opinions that concur in part or concur in the judgment or result

Document 7

From: Byron R. White
To: Conference
Copied: None
On: December 7th, 1976
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: December 8th, 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: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 9th, 1976
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 10

From: William J. Brennan, Jr.
To: Byron R. White
Copied: None
On: December 9th, 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 Majority If...
Justice sends memo to majority opinion author that states that the conditions under which the justice can or will not join the majority opinion; this includes memos with language like will join if..., will join the majority opinion if author makes changes suggested by another justice, or will join part of majority opinion if...; these memos may also state that a justice cannot join majority opinion if..., or could not join an opinion with a particular point, will withdraw join if...

Document 11

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 17th, 1976
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 12

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: January 3rd, 1977
Action: Will Write Memorandum Opinion
A memo where a justice states that he or she will circulate a memorandum opinion draft, including that a memorandum opinion will be out soon or that a revised draft of the memorandum opinion will be circulated

Document 13

From: Warren E. Burger
To: Conference
Copied: None
On: January 4th, 1977
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 14

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: January 5th, 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 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 15

From: Potter Stewart
To: Conference
Copied: None
On: January 6th, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 16

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: January 6th, 1977
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.
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 17

From: Byron R. White
To: Conference
Copied: None
On: January 28th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 18

From: William H. Rehnquist
To: Byron R. White
Copied: Lewis F. Powell
On: January 28th, 1977
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 19

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: January 31st, 1977
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: Withdraw Concurring Opinion
This includes withdrawn concurrences in part, concurrence in judgment, and concurrence at foot

Document 20

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 2nd, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 21

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: February 7th, 1977
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: Join Judgment of Court
Memos where a justice states that they join the judgment or result of the Court or where they join part of the judgment
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 22

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: February 14th, 1977
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 23

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: February 16th, 1977
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.
Action: Thank You Notes
Justices circulate memos thanking another justice for making a change to an opinion or thanking an author for considering a justice's suggestions

Document 24

From: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: February 16th, 1977
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 25

From: Byron R. White
To: Conference
Copied: None
On: February 16th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 26

From: Warren E. Burger
To: Conference
Copied: None
On: February 17th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 27

From: Potter Stewart
To: Conference
Copied: None
On: February 17th, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft