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Mandel V. Bradley (1976)

 

Document 1

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: March 10th, 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: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice

Document 2

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: March 10th, 1977
Action: Majority Opinion Assignment
This may be an assignment of either the majority opinion or a memorandum opinion; memo may state that a justice has agreed to undertake the opinion of the Court; memo reassigns the case

Document 3

From: Byron R. White
To: Conference
Copied: None
On: March 28th, 1977
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 4

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: March 28th, 1977
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 5

From: Potter Stewart
To: Byron R. White
Copied: Conference
On: March 28th, 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 6

From: Potter Stewart
To: Conference
Copied: None
On: March 28th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 7

From: John Paul Stevens
To: Conference
Copied: None
On: March 30th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 8

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: March 31st, 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

Document 9

From: Byron R. White
To: Conference
Copied: None
On: April 4th, 1977
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 10

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: April 6th, 1977
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 11

From: Potter Stewart
To: Conference
Copied: None
On: April 7th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: April 8th, 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 13

From: Byron R. White
To: Conference
Copied: None
On: April 11th, 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 14

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: Conference
On: April 11th, 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 15

From: Thurgood Marshall
To: Potter Stewart
Copied: Conference
On: April 12th, 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: April 15th, 1977
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 17

From: Byron R. White
To: Conference
Copied: None
On: May 31st, 1977
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 18

From: Byron R. White
To: Conference
Copied: None
On: May 31st, 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: 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 19

From: Lewis F. Powell
To: Byron R. White
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.
Action: Withdraw Concurring Opinion
This includes withdrawn concurrences in part, concurrence in judgment, and concurrence at foot
Action: Issue Signed Opinion
Justices expresses view that there is opinion should be signed; wants a majority opinion instead of a per curiam decision or an order; does not want summary disposition on the merits

Document 20

From: Warren E. Burger
To: Byron R. White
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 21

From: Potter Stewart
To: Conference
Copied: None
On: June 3rd, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 22

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 6th, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 23

From: Potter Stewart
To: Conference
Copied: None
On: June 6th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 24

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: June 6th, 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 25

From: Thurgood Marshall
To: Potter Stewart
Copied: Conference
On: June 6th, 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 26

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: Conference
On: June 6th, 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 27

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: Conference
On: June 8th, 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

Document 28

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: June 8th, 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 29

From: Potter Stewart
To: Conference
Copied: None
On: June 8th, 1977
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 30

From: John Paul Stevens
To: Conference
Copied: None
On: June 8th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 31

From: Thurgood Marshall
To: Potter Stewart
Copied: Conference
On: June 9th, 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 32

From: Byron R. White
To: Potter Stewart
Copied: Conference
On: June 9th, 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

Document 33

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: June 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 34

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

Document 35

From: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: June 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 36

From: Potter Stewart
To: Conference
Copied: None
On: June 13th, 1977
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 37

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 13th, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 38

From: Byron R. White
To: Conference
Copied: None
On: June 15th, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 39

From: John Paul Stevens
To: Conference
Copied: None
On: June 15th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 40

From: Potter Stewart
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