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Carey V. Population Services International (1976)

 

Document 1

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: December 2nd, 1976
Action: Memo about Supplemental or Amicus Briefs
Justice may express views on need for additional briefs (e.g., no need for supplemental briefs); justices may discuss proposed questions for supplemental briefs; justices may discuss oral arguments, reargument, or parties' briefs (e.g., date, length, exact questions that should be presented at orals or in briefs); justices may discuss asking litigants for additional information

Document 2

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: December 2nd, 1976
Action: Memo about Supplemental or Amicus Briefs
Justice may express views on need for additional briefs (e.g., no need for supplemental briefs); justices may discuss proposed questions for supplemental briefs; justices may discuss oral arguments, reargument, or parties' briefs (e.g., date, length, exact questions that should be presented at orals or in briefs); justices may discuss asking litigants for additional information

Document 3

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: December 2nd, 1976
Action: Memo about Supplemental or Amicus Briefs
Justice may express views on need for additional briefs (e.g., no need for supplemental briefs); justices may discuss proposed questions for supplemental briefs; justices may discuss oral arguments, reargument, or parties' briefs (e.g., date, length, exact questions that should be presented at orals or in briefs); justices may discuss asking litigants for additional information

Document 4

From: Warren E. Burger
To: Lewis F. Powell, William H. Rehnquist
Copied: None
On: January 25th, 1977
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 5

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

Document 6

From: Warren E. Burger
To: Conference
Copied: None
On: March 3rd, 1977
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 7

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: March 3rd, 1977
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 8

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: March 3rd, 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 9

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: March 3rd, 1977
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 10

From: William H. Rehnquist
To: Conference
Copied: None
On: March 4th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 11

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: March 8th, 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 12

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 10th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 29th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: April 20th, 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 15

From: Lewis F. Powell
To: Conference
Copied: None
On: April 20th, 1977
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 16

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 22nd, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: April 23rd, 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
Action: May Join Judgment
Memos where a justice states the inclination to join a judgment of the Court

Document 18

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: May 4th, 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 19

From: Lewis F. Powell
To: Conference
Copied: None
On: May 12th, 1977
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 20

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 17th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 21

From: William H. Rehnquist
To: Conference
Copied: None
On: May 19th, 1977
Action: Separate Opinion Author's Response
Circulation of Change to Separate Opinion (e.g., footnote, portion of opinion, adding paragraph); this occurs in a memo, not on a draft opinion; circulation of change to unlabeled opinion

Document 22

From: William H. Rehnquist
To: Conference
Copied: None
On: May 20th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 23

From: John Paul Stevens
To: Conference
Copied: None
On: May 23rd, 1977
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 24

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: May 23rd, 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 25

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: May 23rd, 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
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 26

From: John Paul Stevens
To: Conference
Copied: None
On: May 24th, 1977
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 27

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: May 24th, 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 28

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 25th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 29

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: May 26th, 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 30

From: Byron R. White
To: Conference
Copied: None
On: May 26th, 1977
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 31

From: John Paul Stevens
To: Conference
Copied: None
On: May 27th, 1977
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 32

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: June 1st, 1977
Action: Dissent at Foot
This refers to a letter where a justice asks that a dissent (or a dissent in part) be noted at the foot of an opinion; it also includes at foot opinions that indicates the justice wants the Court to hear arguments and decide rather than dismiss or decide summarily

Document 33

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