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Citizens To Preserve Overton Park V. Volpe (1970)

 

Document 1

From: Byron R. White
To: Thurgood Marshall
Copied: None
On: None provided.
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 2

From: William O. Douglas
To: Conference
Copied: None
On: November 20th, 1970
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 3

From: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: January 18th, 1971
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 4

From: Warren E. Burger
To: Hugo. L. Black
Copied: None
On: January 19th, 1971
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 5

From: Thurgood Marshall
To: Conference
Copied: None
On: February 16th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: William O. Douglas
To: Thurgood Marshall
Copied: None
On: February 16th, 1971
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 7

From: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: February 17th, 1971
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

Document 8

From: John M. Harlan
To: Thurgood Marshall
Copied: Conference
On: February 17th, 1971
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 9

From: Thurgood Marshall
To: Conference
Copied: None
On: February 18th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: Hugo. L. Black
To: Conference
Copied: None
On: February 18th, 1971
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 11

From: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: February 19th, 1971
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: William J. Brennan, Jr.
To: Hugo. L. Black
Copied: Conference
On: February 23rd, 1971
Action: Join "Separate Opinion"
Memos where a justice joins an unlabeled opinion or a "separate opinion"; this does not include joinder of dissent or concurring opinions

Document 13

From: Hugo. L. Black
To: Conference
Copied: None
On: February 24th, 1971
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 14

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 24th, 1971
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 15

From: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: February 25th, 1971
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: Thurgood Marshall
To: Conference
Copied: None
On: February 25th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: William O. Douglas
To: Thurgood Marshall
Copied: None
On: March 3rd, 1971
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