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Brown V. Ohio (1976)

 

Document 1

From: Lewis F. Powell
To: Byron R. White
Copied: None
On: None provided.
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 2

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: March 28th, 1977
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition
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 3

From: Potter Stewart
To: Lewis F. Powell
Copied: None
On: March 29th, 1977
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 4

From: Potter Stewart
To: Lewis F. Powell
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 5

From: Lewis F. Powell
To: Conference
Copied: None
On: May 26th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: May 27th, 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: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: May 30th, 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 8

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: May 31st, 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 9

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: May 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.

Document 10

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 11

From: Harry A. Blackmun
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 12

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: None
On: May 31st, 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 13

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 31st, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 14

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 1st, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 15

From: William H. Rehnquist
To: Harry A. Blackmun
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 6th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: June 9th, 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 18

From: Lewis F. Powell
To: Conference
Copied: None
On: June 21st, 1977
Action: Proposes Disposition of Held Cases
Memo lists cases held for an opinion and gives cert votes or votes on the merits for the held cases; justice may state that held cases should be discussed at conference