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Roberts V. Louisiana (1976)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: November 15th, 1976
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case

Document 2

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: November 15th, 1976
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case

Document 3

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: November 15th, 1976
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case

Document 4

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: November 16th, 1976
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case

Document 5

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: November 16th, 1976
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case

Document 6

From: Potter Stewart
To: Byron R. White
Copied: Conference
On: November 18th, 1976
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case

Document 7

From: Byron R. White
To: Potter Stewart
Copied: Conference
On: November 18th, 1976
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case

Document 8

From: Warren E. Burger
To: Conference
Copied: None
On: November 23rd, 1976
Action: Memo Regarding Meeting Time, Place or Agenda
Memo may suggest that the justice talk or discuss an issue at conference; memo may maintain that no further conference discussion is needed; memo may state that a justice will be away

Document 9

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: November 23rd, 1976
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case

Document 10

From: John Paul Stevens
To: Potter Stewart, Lewis F. Powell
Copied: None
On: March 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 11

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: April 5th, 1977
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 12

From: John Paul Stevens
To: Conference
Copied: None
On: April 5th, 1977
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 13

From: John Paul Stevens
To: William J. Brennan, Jr., Thurgood Marshall
Copied: None
On: April 5th, 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: Potter Stewart
To: John Paul Stevens
Copied: Conference
On: April 5th, 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: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: April 5th, 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 16

From: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: April 5th, 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 17

From: Thurgood Marshall
To: John Paul Stevens
Copied: Conference
On: April 11th, 1977
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 18

From: John Paul Stevens
To: Conference
Copied: None
On: April 13th, 1977
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 19

From: William H. Rehnquist
To: Conference
Copied: None
On: April 29th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 20

From: Warren E. Burger
To: Conference
Copied: None
On: May 10th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 21

From: Warren E. Burger
To: Conference
Copied: None
On: May 11th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 22

From: Harry A. Blackmun
To: Byron R. White
Copied: None
On: May 23rd, 1977
Action: Cover Memo to Separate Opinion
This indicates a cover memo to any separate opinion, including concurring, dissenting, or any other type of separate opinion

Document 23

From: Byron R. White
To: Harry A. Blackmun
Copied: None
On: May 23rd, 1977
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case

Document 24

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 25th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 25

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: Conference
On: May 26th, 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 H. Rehnquist
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 27

From: John Paul Stevens
To: Potter Stewart, Lewis F. Powell
Copied: None
On: June 8th, 1977
Action: Attached Material Relevant to a Case
This may include memos about maps or pictures that will be incorporated in opinion; cover memo to circulation of some relevant non-case material for an opinion (e.g., newspaper article, related lower court opinion); memos may mention extra-court material that might be relevant (e.g., congressional hearings, a statute, other opinions that are somehow (perhaps tangentially) related to case at hand); circulation of clerk’s memo about case

Document 28

From: John Paul Stevens
To: Conference
Copied: None
On: June 13th, 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