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Abood V. Detroit Board Of Education (1976)

 

Case Details

Docket Number: 75-1153
Case Term: 1976

Justices Involved

Justice Potter Stewart
Justice William J. Brennan, Jr.
Justice Byron R. White
Justice William H. Rehnquist
Justice Lewis F. Powell
Justice Thurgood Marshall
Justice John Paul Stevens
Justice Harry A. Blackmun
Justice Warren E. Burger

Download PDF
Download Documents PDF

Document 1

From: Potter Stewart
To: Conference
Copied: None
On: January 7th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: Conference
On: January 10th, 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.

Document 3

From: Byron R. White
To: Potter Stewart
Copied: Conference
On: January 10th, 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.

Document 4

From: William H. Rehnquist
To: Potter Stewart
Copied: Conference
On: January 13th, 1977
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 5

From: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: January 13th, 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
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 6

From: Thurgood Marshall
To: Potter Stewart
Copied: Conference
On: January 13th, 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.

Document 7

From: Potter Stewart
To: Conference
Copied: None
On: January 14th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: January 14th, 1977
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: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: January 18th, 1977
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
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 10

From: John Paul Stevens
To: Conference
Copied: None
On: January 27th, 1977
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 11

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: January 27th, 1977
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 12

From: Potter Stewart
To: Conference
Copied: None
On: February 3rd, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: March 14th, 1977
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 14

From: Warren E. Burger
To: Conference
Copied: None
On: March 14th, 1977
Action: Case Should be Reargued
Includes statement that maybe case should be reargued

Document 15

From: Lewis F. Powell
To: Conference
Copied: None
On: May 3rd, 1977
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 16

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: May 10th, 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 17

From: John Paul Stevens
To: Conference
Copied: None
On: May 10th, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 18

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

Document 19

From: William H. Rehnquist
To: Conference
Copied: None
On: May 12th, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 20

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: None
On: May 13th, 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 21

From: Lewis F. Powell
To: Conference
Copied: None
On: May 17th, 1977
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 22

From: John Paul Stevens
To: Conference
Copied: None
On: May 19th, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 23

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: May 20th, 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.