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Perkins V. Matthews (1970)

 

Document 1

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 19th, 1970
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 2

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 20th, 1970
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: None
On: November 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: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: November 24th, 1970
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 5

From: Harry A. Blackmun
To: Conference
Copied: None
On: November 25th, 1970
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 6

From: Hugo. L. Black
To: Conference
Copied: None
On: November 30th, 1970
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 7

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 2nd, 1970
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: Harry A. Blackmun
To: Warren E. Burger
Copied: None
On: December 2nd, 1970
Action: Concurring Opinion Author's Response
May be response to a suggestion, the majority opinion, another separate opinion; it may say the author made changes and see the attached opinion; it may indicate the opinion has been changed although not prompted by someone else

Document 9

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: December 2nd, 1970
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 10

From: Potter Stewart
To: Conference
Copied: None
On: December 2nd, 1970
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 11

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 2nd, 1970
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 12

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: December 3rd, 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 13

From: John M. Harlan
To: Conference
Copied: None
On: December 8th, 1970
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 14

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 14th, 1970
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: None
On: December 14th, 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 16

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: December 16th, 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 17

From: Hugo. L. Black
To: Conference
Copied: None
On: December 16th, 1970
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 18

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: December 18th, 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 19

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 18th, 1970
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 20

From: John M. Harlan
To: Conference
Copied: None
On: January 5th, 1971
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 21

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: None
On: January 5th, 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 22

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: January 6th, 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: Withdraw Opinion that Concurs in Part and Dissent in Part
Withdraw Opinion that Concurs in Part and Dissent in Part

Document 23

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 6th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 24

From: John M. Harlan
To: Conference
Copied: None
On: January 8th, 1971
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 25

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: January 11th, 1971
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.
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 26

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 12th, 1971
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 27

From: Hugo. L. Black
To: Conference
Copied: None
On: January 12th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form