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Boys Markets, Inc. V. Retail Clerks (1969)

 

Document 1

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 19th, 1970
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: None
On: May 19th, 1970
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 3

From: John M. Harlan
To: William J. Brennan, Jr.
Copied: Conference
On: May 20th, 1970
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: Hugo. L. Black
To: Conference
Copied: None
On: May 26th, 1970
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 5

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 27th, 1970
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: Byron R. White
To: Conference
Copied: None
On: May 27th, 1970
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 7

From: Potter Stewart
To: Conference
Copied: None
On: May 27th, 1970
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 8

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: May 27th, 1970
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 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 9

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: None
On: May 27th, 1970
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
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