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National Boiler Marketing Association V. United States (1977)

 

Document 1

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: March 2nd, 1978
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 2

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 8th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: May 9th, 1978
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 4

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: May 9th, 1978
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 5

From: Potter Stewart
To: Harry A. Blackmun
Copied: Conference
On: May 9th, 1978
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 6

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: May 9th, 1978
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: May Write Concurring Opinion
A memo where a justice states that he or she may (or will likely) write a concurring opinion; this also applies to opinions that concur in part, concurrences in judgment, or concurrences at foot.

Document 7

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: May 9th, 1978
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: Byron R. White
To: Harry A. Blackmun
Copied: Conference
On: May 10th, 1978
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 9

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 10th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: May 10th, 1978
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 11

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: Conference
On: May 10th, 1978
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: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.

Document 12

From: John Paul Stevens
To: Harry A. Blackmun
Copied: Conference
On: May 11th, 1978
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
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 13

From: Byron R. White
To: Conference
Copied: None
On: May 25th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 14

From: Potter Stewart
To: Byron R. White
Copied: Conference
On: May 25th, 1978
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: William H. Rehnquist
To: Harry A. Blackmun
Copied: Conference
On: May 30th, 1978
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: Byron R. White
To: Conference
Copied: None
On: May 31st, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 17

From: John Paul Stevens
To: Harry A. Blackmun
Copied: Conference
On: May 31st, 1978
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 18

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 31st, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 5th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 20

From: Byron R. White
To: Conference
Copied: None
On: June 7th, 1978
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 21

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: June 9th, 1978
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 22

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 9th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 23

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 9th, 1978
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 24

From: Byron R. White
To: Conference
Copied: None
On: June 9th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form