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Ford Motor Co. V. United States (1971)

 

Document 1

From: Warren E. Burger
To: William O. Douglas
Copied: None
On: November 22nd, 1971
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 2

From: William O. Douglas
To: Conference
Copied: None
On: November 26th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: William O. Douglas
To: Conference
Copied: None
On: November 29th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: Thurgood Marshall
To: William O. Douglas
Copied: Conference
On: November 29th, 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 5

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: Conference
On: November 29th, 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 6

From: William O. Douglas
To: Conference
Copied: None
On: November 29th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: Byron R. White
To: William O. Douglas
Copied: Conference
On: November 30th, 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 8

From: William O. Douglas
To: Conference
Copied: None
On: December 2nd, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 9

From: William O. Douglas
To: Conference
Copied: None
On: December 13th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: Warren E. Burger
To: Conference
Copied: None
On: December 30th, 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
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 11

From: William O. Douglas
To: Conference
Copied: None
On: March 6th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Warren E. Burger
To: Conference
Copied: None
On: March 20th, 1972
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 13

From: William O. Douglas
To: Conference
Copied: None
On: March 21st, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: Potter Stewart
To: Conference
Copied: None
On: March 21st, 1972
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 15

From: Warren E. Burger
To: Conference
Copied: None
On: March 21st, 1972
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 16

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

Document 17

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 23rd, 1972
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 18

From: Warren E. Burger
To: Conference
Copied: None
On: March 27th, 1972
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 19

From: Warren E. Burger
To: Conference
Copied: None
On: March 28th, 1972
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 20

From: Potter Stewart
To: Conference
Copied: None
On: March 28th, 1972
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 21

From: William O. Douglas
To: Conference
Copied: None
On: March 28th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 22

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 28th, 1972
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