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Ashe V. Swenson (1969)

 

Document 1

From: Potter Stewart
To: Conference
Copied: None
On: January 21st, 1970
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Hugo. L. Black
To: Potter Stewart
Copied: Conference
On: January 22nd, 1970
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: 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: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 3

From: William O. Douglas
To: Potter Stewart
Copied: None
On: January 22nd, 1970
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: Thurgood Marshall
To: Potter Stewart
Copied: Conference
On: January 27th, 1970
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 5

From: Potter Stewart
To: Conference
Copied: None
On: January 28th, 1970
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 27th, 1970
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 7

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: Conference
On: February 28th, 1970
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: 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 8

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 2nd, 1970
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 9

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: March 4th, 1970
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 10

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 5th, 1970
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 11

From: Hugo. L. Black
To: Conference
Copied: None
On: March 5th, 1970
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 12

From: Warren E. Burger
To: Conference
Copied: None
On: March 24th, 1970
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 13

From: Warren E. Burger
To: Conference
Copied: None
On: March 24th, 1970
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 14

From: John M. Harlan
To: Potter Stewart
Copied: None
On: March 26th, 1970
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
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 15

From: Byron R. White
To: Potter Stewart
Copied: Conference
On: March 27th, 1970
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 16

From: John M. Harlan
To: Conference
Copied: None
On: April 1st, 1970
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 17

From: John M. Harlan
To: Warren E. Burger
Copied: Potter Stewart
On: April 1st, 1970
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: 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: 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 18

From: Warren E. Burger
To: Conference
Copied: None
On: April 3rd, 1970
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 3rd, 1970
Action: Concurring Opinion
This refers to a concurring opinion draft