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Perry V. Sindermannn (1971)

 

Document 1

From: Potter Stewart
To: Conference
Copied: None
On: May 23rd, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: William O. Douglas
To: Potter Stewart
Copied: Conference
On: May 27th, 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 3

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: June 6th, 1972
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 4

From: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: June 6th, 1972
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
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: Potter Stewart
To: Conference
Copied: None
On: June 7th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: Potter Stewart
To: Conference
Copied: None
On: June 20th, 1972
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 7

From: Potter Stewart
To: Conference
Copied: None
On: June 20th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: June 21st, 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
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 9

From: Potter Stewart
To: Conference
Copied: None
On: June 21st, 1972
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: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: June 21st, 1972
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 11

From: Potter Stewart
To: Conference
Copied: None
On: June 21st, 1972
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 12

From: Potter Stewart
To: Conference
Copied: None
On: June 21st, 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 13

From: William H. Rehnquist
To: Potter Stewart
Copied: None
On: June 21st, 1972
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...

Document 14

From: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: June 21st, 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 15

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: June 21st, 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
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 16

From: Potter Stewart
To: Conference
Copied: None
On: June 22nd, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: William H. Rehnquist
To: Potter Stewart
Copied: Conference
On: June 22nd, 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 18

From: Thurgood Marshall
To: Conference
Copied: None
On: June 22nd, 1972
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 19

From: Thurgood Marshall
To: Conference
Copied: None
On: June 22nd, 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: Potter Stewart
Copied: Conference
On: June 23rd, 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 21

From: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: June 23rd, 1972
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 22

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: June 23rd, 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 23

From: Potter Stewart
To: Conference
Copied: None
On: June 26th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 24

From: Warren E. Burger
To: Conference
Copied: None
On: June 26th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 25

From: William O. Douglas
To: Potter Stewart
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 26

From: William J. Brennan, Jr.
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 27

From: Thurgood Marshall
To: Conference
Copied: None
On: June 26th, 1972
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result