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Maher V. Roe (1976)

 

Document 1

From: Potter Stewart
To: Lewis F. Powell
Copied: None
On: None provided.
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

Document 2

From: Thurgood Marshall
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 3

From: Lewis F. Powell
To: Conference
Copied: None
On: April 15th, 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: Will Circulate Majority Opinion
A memo where a justice states that he or she will circulate a majority opinion draft, including that an opinion will be out soon or that the author will revise majority opinion without stating the changes

Document 4

From: Lewis F. Powell
To: Conference
Copied: None
On: April 15th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: April 18th, 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 6

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: April 28th, 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: Lewis F. Powell
Copied: Conference
On: April 28th, 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 8

From: Lewis F. Powell
To: Conference
Copied: None
On: April 28th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 9

From: Byron R. White
To: Lewis F. Powell
Copied: None
On: April 29th, 1977
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 10

From: Lewis F. Powell
To: Conference
Copied: None
On: May 6th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 11

From: Warren E. Burger
To: Conference
Copied: None
On: May 11th, 1977
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 12

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 31st, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: May 31st, 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 14

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: June 1st, 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 15

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: June 1st, 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 16

From: Lewis F. Powell
To: Conference
Copied: None
On: June 2nd, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: Thurgood Marshall
To: Conference
Copied: None
On: June 10th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 18

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: June 13th, 1977
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion

Document 19

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 14th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 20

From: Lewis F. Powell
To: Conference
Copied: None
On: June 17th, 1977
Action: Majority Opinion
This refers to a majority opinion draft