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Great Atlantic & Pacific Tea Co. V. Ftc (1978)

 

Document 1

From: Potter Stewart
To: Conference
Copied: None
On: January 5th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: John Paul Stevens
To: Potter Stewart
Copied: Conference
On: January 5th, 1979
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 3

From: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: January 8th, 1979
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: Potter Stewart
To: Conference
Copied: None
On: January 9th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: January 9th, 1979
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 6

From: Potter Stewart
To: Conference
Copied: None
On: January 10th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: William H. Rehnquist
To: Potter Stewart
Copied: Conference
On: January 11th, 1979
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: Will Make Suggestion
Memo states that a justice will make a suggestion to the majority opinion, including statements that a justice will postpone making a suggestion for now or that the justice may make suggestion

Document 8

From: Potter Stewart
To: Conference
Copied: None
On: January 12th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 9

From: Byron R. White
To: Conference
Copied: None
On: January 18th, 1979
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 10

From: Byron R. White
To: Potter Stewart
Copied: Conference
On: January 18th, 1979
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
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 "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 11

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: Conference
On: January 22nd, 1979
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 12

From: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: February 1st, 1979
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 13

From: Thurgood Marshall
To: Conference
Copied: None
On: February 6th, 1979
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 14

From: Thurgood Marshall
To: Conference
Copied: None
On: February 8th, 1979
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 15

From: Thurgood Marshall
To: Conference
Copied: None
On: February 9th, 1979
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority