Show / Hide Files

Perez V. Campbell (1970)

 

Document 1

From: Byron R. White
To: Harry A. Blackmun
Copied: Conference
On: April 6th, 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 2

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 6th, 1971
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
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 3

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 6th, 1971
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 4

From: Byron R. White
To: Conference
Copied: None
On: April 6th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 5

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: April 7th, 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 6

From: William O. Douglas
To: Harry A. Blackmun
Copied: None
On: April 7th, 1971
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 7

From: William O. Douglas
To: Byron R. White
Copied: None
On: April 7th, 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 8

From: Potter Stewart
To: Harry A. Blackmun
Copied: Conference
On: April 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.

Document 9

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: April 7th, 1971
Action: May Join Dissent
Memos where a justice expresses the inclination to join a dissenting opinion, including joining the dissent in part; memos may also state a justice’s intention to join a dissent if another justice writes or circulates one; memos may also state that a justice expects to join or tentatively joins a dissent

Document 10

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: April 7th, 1971
Action: May Join Dissent
Memos where a justice expresses the inclination to join a dissenting opinion, including joining the dissent in part; memos may also state a justice’s intention to join a dissent if another justice writes or circulates one; memos may also state that a justice expects to join or tentatively joins a dissent

Document 11

From: Byron R. White
To: Conference
Copied: None
On: April 7th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: Hugo. L. Black
To: Byron R. White, Harry A. Blackmun
Copied: Conference
On: April 8th, 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 13

From: John M. Harlan
To: Harry A. Blackmun
Copied: Conference
On: April 9th, 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 14

From: Harry A. Blackmun
To: Byron R. White
Copied: Warren E. Burger, John M. Harlan
On: April 13th, 1971
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)
Action: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice

Document 15

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: April 22nd, 1971
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 16

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 26th, 1971
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 17

From: Byron R. White
To: Conference
Copied: None
On: April 26th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 18

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: April 27th, 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 19

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: April 27th, 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 20

From: Hugo. L. Black
To: Byron R. White
Copied: Conference
On: April 28th, 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 21

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 5th, 1971
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 22

From: Potter Stewart
To: Harry A. Blackmun
Copied: Conference
On: May 6th, 1971
Action: Join "Separate Opinion"
Memos where a justice joins an unlabeled opinion or a "separate opinion"; this does not include joinder of dissent or concurring opinions

Document 23

From: John M. Harlan
To: Harry A. Blackmun
Copied: Conference
On: May 7th, 1971
Action: Join "Separate Opinion"
Memos where a justice joins an unlabeled opinion or a "separate opinion"; this does not include joinder of dissent or concurring opinions

Document 24

From: Byron R. White
To: Conference
Copied: None
On: May 19th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 25

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: May 20th, 1971
Action: Join "Separate Opinion"
Memos where a justice joins an unlabeled opinion or a "separate opinion"; this does not include joinder of dissent or concurring opinions

Document 26

From: Harry A. Blackmun
To: Byron R. White
Copied: None
On: May 24th, 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
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 27

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 25th, 1971
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 28

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 27th, 1971
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 29

From: Byron R. White
To: Conference
Copied: None
On: May 27th, 1971
Action: Majority Opinion
This refers to a majority opinion draft