Show / Hide Files

Palmer V. Thompson (1970)

 

Document 1

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: None provided.
Action: Suggestion to Separate Opinion
Memo states includes a justice's suggestion for a separate opinion (e.g., don't agree with reasoning of separate opinion; comment on separate opinion; will join separate opinion if; cannot join separate opinion; will be making suggestion to separate opinion). The identity of the separate opinion author who receives suggestion is located in the JOINED variable.

Document 2

From: Hugo. L. Black
To: Conference
Copied: None
On: January 4th, 1971
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 3

From: Potter Stewart
To: Hugo. L. Black
Copied: Conference
On: January 5th, 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 4

From: John M. Harlan
To: Hugo. L. Black
Copied: Conference
On: January 7th, 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.
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 5

From: Hugo. L. Black
To: Conference
Copied: None
On: January 11th, 1971
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 6

From: Thurgood Marshall
To: Hugo. L. Black
Copied: Conference
On: January 21st, 1971
Action: Suggestion to Memorandum Opinion (Author is not Assigned Justice)
This includes memos with suggestions and specific or general reservations to a memorandum opinion (or per curiam) not written by assigned opinion author; memos expressing agreement with another justice’s suggestion to the memorandum opinion; statements that justice disagrees with a memorandum opinion. The identity of the memorandum opinion author who receives suggestion is located in the JOINED variable.

Document 7

From: Harry A. Blackmun
To: Hugo. L. Black
Copied: Conference
On: February 12th, 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: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 8

From: Harry A. Blackmun
To: Hugo. L. Black
Copied: None
On: February 12th, 1971
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 9

From: Hugo. L. Black
To: Harry A. Blackmun
Copied: Conference
On: February 16th, 1971
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 10

From: William O. Douglas
To: Conference
Copied: None
On: February 22nd, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 11

From: Hugo. L. Black
To: Conference
Copied: None
On: February 24th, 1971
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 12

From: William O. Douglas
To: Conference
Copied: None
On: February 25th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: March 2nd, 1971
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 14

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: March 2nd, 1971
Action: Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)
Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)

Document 15

From: William O. Douglas
To: Conference
Copied: None
On: March 3rd, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 16

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: March 5th, 1971
Action: Memorandum Opinion Author's Response (not assigned author)
Memorandum Opinion Author's Response (not assigned author)

Document 17

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: March 11th, 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.
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: Will Not Write "Separate Opinion"
A memo where a justice states that he or she will not write a "separate opinion"

Document 18

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: March 18th, 1971
Action: May Join Memorandum Opinion (Author is not Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion (or per curiam opinion) written by a justice who was not assigned the opinion (e.g., agree and will join if it becomes opinion; agree with suggested order). The identity of the justice whose opinion is endorsed is located in the JOINED variable.
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 19

From: Hugo. L. Black
To: Conference
Copied: None
On: March 18th, 1971
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 20

From: Byron R. White
To: Conference
Copied: None
On: March 22nd, 1971
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 21

From: Harry A. Blackmun
To: Hugo. L. Black
Copied: None
On: April 29th, 1971
Action: Will Write "Separate Opinion"
A memo where a justice states that he or she will circulate a "separate opinion" draft, including that a "separate opinion" will be out soon or that a revised draft of the "separate opinion" will be circulated

Document 22

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 29th, 1971
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 23

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 3rd, 1971
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 24

From: Warren E. Burger
To: Hugo. L. Black
Copied: Conference
On: May 13th, 1971
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
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 25

From: Warren E. Burger
To: Conference
Copied: None
On: May 13th, 1971
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 26

From: Hugo. L. Black
To: Conference
Copied: None
On: May 18th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 27

From: Thurgood Marshall
To: Conference
Copied: None
On: May 19th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 28

From: William O. Douglas
To: Conference
Copied: None
On: May 20th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 29

From: John M. Harlan
To: Hugo. L. Black
Copied: Conference
On: May 26th, 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 30

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: May 26th, 1971
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 31

From: Thurgood Marshall
To: Conference
Copied: None
On: May 26th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 32

From: Byron R. White
To: Hugo. L. Black
Copied: Conference
On: May 26th, 1971
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion

Document 33

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 26th, 1971
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 34

From: Hugo. L. Black
To: Conference
Copied: None
On: May 26th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 35

From: Thurgood Marshall
To: Conference
Copied: None
On: June 4th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 36

From: Byron R. White
To: Conference
Copied: None
On: June 8th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 37

From: Hugo. L. Black
To: Conference
Copied: None
On: June 11th, 1971
Action: Majority Opinion
This refers to a majority opinion draft