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Furman V. Georgia (1971)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: None provided.
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 2

From: William O. Douglas
To: Conference
Copied: None
On: February 22nd, 1972
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 3

From: William O. Douglas
To: Conference
Copied: None
On: February 24th, 1972
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 4

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 27th, 1972
Action: Memo Regarding Meeting Time, Place or Agenda
Memo may suggest that the justice talk or discuss an issue at conference; memo may maintain that no further conference discussion is needed; memo may state that a justice will be away

Document 5

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: None
On: May 18th, 1972
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: 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 6

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: None
On: May 18th, 1972
Action: Memorandum Opinion Author's Response (not assigned author)
Memorandum Opinion Author's Response (not assigned author)

Document 7

From: William O. Douglas
To: Conference
Copied: None
On: May 19th, 1972
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 8

From: William O. Douglas
To: Conference
Copied: None
On: May 22nd, 1972
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 9

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: None
On: June 5th, 1972
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 10

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: None
On: June 6th, 1972
Action: May Join Memorandum Opinion (Author is Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion drafted by the assigned opinion author (e.g., could go along with memorandum opinion; agrees generally with memorandum opinion; agree tentatively with memorandum opinion; will join memorandum opinion if it becomes majority opinion)

Document 11

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 8th, 1972
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 12

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 8th, 1972
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 13

From: Potter Stewart
To: Conference
Copied: None
On: June 13th, 1972
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 14

From: Byron R. White
To: Conference
Copied: None
On: June 13th, 1972
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 15

From: Byron R. White
To: Conference
Copied: None
On: June 13th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 16

From: Thurgood Marshall
To: Conference
Copied: None
On: June 13th, 1972
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 17

From: Potter Stewart
To: Conference
Copied: None
On: June 13th, 1972
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 18

From: William H. Rehnquist
To: Conference
Copied: None
On: June 13th, 1972
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 19

From: Potter Stewart
To: Conference
Copied: None
On: June 14th, 1972
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 20

From: Byron R. White
To: Conference
Copied: None
On: June 14th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 21

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 14th, 1972
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 22

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: June 14th, 1972
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: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: June 14th, 1972
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 24

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: June 14th, 1972
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 25

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: June 14th, 1972
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 26

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: June 14th, 1972
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 27

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 15th, 1972
Action: Vote Line-Up
This includes a copy of the suggested vote line-up in case (for final vote coalitions in case); this does not include memos about opinion writing, but only refers to how the vote will be reported on the final opinion
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 28

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: June 15th, 1972
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 29

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: June 15th, 1972
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 30

From: William O. Douglas
To: Conference
Copied: None
On: June 15th, 1972
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 31

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 16th, 1972
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 32

From: Warren E. Burger
To: Harry A. Blackmun, Lewis F. Powell, William H. Rehnquist
Copied: Conference
On: June 16th, 1972
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 33

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 16th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 34

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: Conference
On: June 17th, 1972
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 35

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 20th, 1972
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 36

From: William H. Rehnquist
To: Conference
Copied: None
On: June 20th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 37

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 20th, 1972
Action: Proposes Disposition of Held Cases
Memo lists cases held for an opinion and gives cert votes or votes on the merits for the held cases; justice may state that held cases should be discussed at conference

Document 38

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 20th, 1972
Action: Proposes Disposition of Held Cases
Memo lists cases held for an opinion and gives cert votes or votes on the merits for the held cases; justice may state that held cases should be discussed at conference

Document 39

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: June 20th, 1972
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 40

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 21st, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 41

From: William O. Douglas
To: Conference
Copied: None
On: June 21st, 1972
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 42

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 23rd, 1972
Action: Proposes Disposition of Held Cases
Memo lists cases held for an opinion and gives cert votes or votes on the merits for the held cases; justice may state that held cases should be discussed at conference

Document 43

From: Harry A. Blackmun
To: William J. Brennan, Jr., William H. Rehnquist
Copied: None
On: June 23rd, 1972
Action: Proposes Disposition of Held Cases
Memo lists cases held for an opinion and gives cert votes or votes on the merits for the held cases; justice may state that held cases should be discussed at conference
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 44

From: Lewis F. Powell
To: William O. Douglas, William J. Brennan, Jr., Potter Stewart
Copied: None
On: June 23rd, 1972
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 45

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: None
On: June 26th, 1972
Action: Proposes Disposition of Held Cases
Memo lists cases held for an opinion and gives cert votes or votes on the merits for the held cases; justice may state that held cases should be discussed at conference

Document 46

From: William O. Douglas
To: Conference
Copied: None
On: June 26th, 1972
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 47

From: Lewis F. Powell
To: Conference
Copied: None
On: June 26th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 48

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 26th, 1972
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 49

From: Potter Stewart
To: Conference
Copied: None
On: June 27th, 1972
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 50

From: Warren E. Burger
To: Conference
Copied: None
On: June 30th, 1972
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