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Abate V. Mundt (1970)

 

Document 1

From: Thurgood Marshall
To: Conference
Copied: None
On: January 25th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: January 25th, 1971
Action: Concur in Judgment at Foot
This refers to a letter where a justice asks that a concurrence in judgment or the result be noted at the foot of an opinion, including a concur in judgment or result in part at foot
Action: May Join Concurrence
Memos where a justice expresses the inclination to join a concurring opinion, including a concurrence in the judgment or result.

Document 3

From: Hugo. L. Black
To: Thurgood Marshall
Copied: Conference
On: January 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 4

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: February 1st, 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: Conference
Copied: None
On: February 4th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 6

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: None
On: February 4th, 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 7

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 5th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 8

From: Thurgood Marshall
To: Conference
Copied: None
On: February 9th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 9

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: March 4th, 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: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: March 26th, 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 11

From: John M. Harlan
To: Thurgood Marshall
Copied: Conference
On: April 8th, 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 12

From: John M. Harlan
To: Thurgood Marshall
Copied: Conference
On: May 26th, 1971
Action: Concur in Judgment at Foot
This refers to a letter where a justice asks that a concurrence in judgment or the result be noted at the foot of an opinion, including a concur in judgment or result in part at foot

Document 13

From: Thurgood Marshall
To: Conference
Copied: None
On: May 28th, 1971
Action: Majority Opinion
This refers to a majority opinion draft