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Rosenbloom V Metromedia, Inc. (1970)

 

Document 1

From: Thurgood Marshall
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: John M. Harlan
To:
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 3

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 17th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: None
On: February 17th, 1971
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 5

From: Potter Stewart
To: Conference
Copied: None
On: March 11th, 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 6

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: March 22nd, 1971
Action: May Join Majority Opinion
Memos where a justice states the intent to join the majority opinion later (e.g., may join majority; will probably join majority; could join majority; agree tentatively; inclined to join; close to joining; agrees generally; agree with most of opinion; in basic agreement; intend to join; am prepared to join; expect to join; expect to join part of majority opinion; join unless someone else dissents; will join majority opinion if no majority exists; join unless someone else persuades me
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 7

From: Hugo. L. Black
To: Conference
Copied: None
On: March 23rd, 1971
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 8

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: None
On: March 23rd, 1971
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 9

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: March 23rd, 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 10

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 25th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 11

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: March 25th, 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 12

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: March 29th, 1971
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 13

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: March 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 14

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: April 19th, 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 15

From: Warren E. Burger
To: Conference
Copied: None
On: April 27th, 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 16

From: Warren E. Burger
To: Conference
Copied: None
On: April 27th, 1971
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 17

From: John M. Harlan
To: Thurgood Marshall
Copied: Potter Stewart
On: May 11th, 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
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 18

From: Potter Stewart
To: Thurgood Marshall
Copied: John M. Harlan
On: May 17th, 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 19

From: Thurgood Marshall
To: Conference
Copied: None
On: May 17th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 20

From: John M. Harlan
To: Conference
Copied: None
On: May 19th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 21

From: Thurgood Marshall
To: Conference
Copied: None
On: May 19th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 22

From: Byron R. White
To: Conference
Copied: None
On: May 24th, 1971
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 23

From: Warren E. Burger
To: Conference
Copied: None
On: May 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.
Action: Withdraw Concurring Opinion
This includes withdrawn concurrences in part, concurrence in judgment, and concurrence at foot

Document 24

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

Document 25

From: Thurgood Marshall
To: Conference
Copied: None
On: May 26th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 26

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 27th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 27

From: John M. Harlan
To: Conference
Copied: None
On: June 1st, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 28

From: Thurgood Marshall
To: Conference
Copied: None
On: June 1st, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 29

From: Thurgood Marshall
To: Conference
Copied: None
On: June 1st, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 30

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 2nd, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 31

From: Byron R. White
To: Conference
Copied: None
On: June 3rd, 1971
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result