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United States V. Vuitch (1970)

 

Document 1

From: Potter Stewart
To: Hugo. L. Black
Copied: None
On: None provided.
Action: Will Write Dissenting Opinion
A memo where a justice states that he or she will circulate a dissenting opinion draft, including that a dissenting opinion will be out soon or that a revised draft of the dissenting opinion will be circulated; this also applies to statements responding to dissent assignments like will be glad to write dissent, self-assignment of dissent (e.g., we are in dissent and I will write it), or requesting permission to write dissent (e.g., is it ok if I write a dissent)

Document 2

From: John M. Harlan
To: Conference
Copied: None
On: January 14th, 1971
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 3

From: Hugo. L. Black
To: Conference
Copied: None
On: February 17th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: John M. Harlan
To: Conference
Copied: None
On: February 18th, 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 5

From: William O. Douglas
To: Conference
Copied: None
On: February 19th, 1971
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 6

From: Hugo. L. Black
To: Conference
Copied: None
On: February 22nd, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: William O. Douglas
To: Conference
Copied: None
On: February 22nd, 1971
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 8

From: William O. Douglas
To: Conference
Copied: None
On: February 22nd, 1971
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 9

From: William O. Douglas
To: Conference
Copied: None
On: February 23rd, 1971
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 10

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

Document 11

From: Warren E. Burger
To: Hugo. L. Black
Copied: Conference
On: February 24th, 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

Document 12

From: Thurgood Marshall
To: Hugo. L. Black
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 13

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

Document 14

From: Harry A. Blackmun
To: Hugo. L. Black
Copied: Conference
On: February 26th, 1971
Action: Undecided
Justice states that he or she is undecided, including phrases like not ready to commit, need more time, not at rest, or to consider further
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 15

From: Potter Stewart
To: Conference
Copied: None
On: March 8th, 1971
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 16

From: William O. Douglas
To: Conference
Copied: None
On: March 10th, 1971
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 17

From: Byron R. White
To: Conference
Copied: None
On: March 25th, 1971
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 18

From: John M. Harlan
To: Conference
Copied: None
On: March 26th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: William J. Brennan, Jr.
To: John M. Harlan
Copied: Conference
On: March 29th, 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 20

From: Thurgood Marshall
To: John M. Harlan
Copied: Conference
On: March 29th, 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 21

From: Harry A. Blackmun
To: John M. Harlan
Copied: None
On: March 29th, 1971
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 22

From: Harry A. Blackmun
To: John M. Harlan
Copied: Conference
On: March 29th, 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 23

From: John M. Harlan
To: Conference
Copied: None
On: March 29th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 24

From: Harry A. Blackmun
To: Hugo. L. Black
Copied: Conference
On: March 30th, 1971
Action: Join Judgment of Court
Memos where a justice states that they join the judgment or result of the Court or where they join part of the judgment

Document 25

From: John M. Harlan
To: Conference
Copied: None
On: March 30th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 26

From: Potter Stewart
To: Conference
Copied: None
On: March 31st, 1971
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 27

From: Hugo. L. Black
To: Conference
Copied: None
On: March 31st, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 28

From: John M. Harlan
To: Conference
Copied: None
On: April 5th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 29

From: Harry A. Blackmun
To: Hugo. L. Black
Copied: None
On: April 13th, 1971
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

Document 30

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 13th, 1971
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 31

From: William O. Douglas
To: Conference
Copied: None
On: April 13th, 1971
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 32

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 14th, 1971
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 33

From: Hugo. L. Black
To: Conference
Copied: None
On: April 14th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 34

From: John M. Harlan
To: Hugo. L. Black
Copied: Conference
On: April 14th, 1971
Action: Join Majority If...
Justice sends memo to majority opinion author that states that the conditions under which the justice can or will not join the majority opinion; this includes memos with language like will join if..., will join the majority opinion if author makes changes suggested by another justice, or will join part of majority opinion if...; these memos may also state that a justice cannot join majority opinion if..., or could not join an opinion with a particular point, will withdraw join if...
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 Concur If...
Justice states conditions for a concurrence, including a concurrence in part or concurrence in judgment; memo may also state conditions for withdrawing a concurring opinion
Action: Separate Opinion Author's Response
Circulation of Change to Separate Opinion (e.g., footnote, portion of opinion, adding paragraph); this occurs in a memo, not on a draft opinion; circulation of change to unlabeled opinion

Document 35

From: Hugo. L. Black
To: Conference
Copied: None
On: April 15th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 36

From: John M. Harlan
To: Conference
Copied: None
On: April 15th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 37

From: William O. Douglas
To: Hugo. L. Black
Copied: None
On: April 15th, 1971
Action: Separate Opinion Author's Response
Circulation of Change to Separate Opinion (e.g., footnote, portion of opinion, adding paragraph); this occurs in a memo, not on a draft opinion; circulation of change to unlabeled opinion

Document 38

From: Hugo. L. Black
To: Conference
Copied: None
On: April 16th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 39

From: John M. Harlan
To: Conference
Copied: None
On: April 20th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form