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Connell V. Higginbotham (1970)

 

Document 1

From: Potter Stewart
To: Conference
Copied: None
On: November 23rd, 1970
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: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 2

From: Warren E. Burger
To: Conference
Copied: None
On: January 15th, 1971
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 3

From: Warren E. Burger
To: Conference
Copied: None
On: January 15th, 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

Document 4

From: Hugo. L. Black
To: Warren E. Burger
Copied: Conference
On: January 18th, 1971
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...
Action: Will Concur If...
Justice states conditions for a concurrence, including a concurrence in part or concurrence in judgment; memo may also state conditions for withdrawing a concurring 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: John M. Harlan
To: Warren E. Burger
Copied: Conference
On: January 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.
Action: Disagree with Another Justice's Suggestion
Memo states that the justice disagrees with another justice's suggestion to the majority opinion author. The identity of the justice whose suggestion is countered is located in the JOINED variable.

Document 6

From: Potter Stewart
To: Conference
Copied: None
On: January 19th, 1971
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 7

From: Thurgood Marshall
To: Conference
Copied: None
On: January 20th, 1971
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 8

From: Thurgood Marshall
To: Conference
Copied: None
On: January 20th, 1971
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 9

From: John M. Harlan
To: Harry A. Blackmun
Copied: None
On: February 1st, 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: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 10

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: February 2nd, 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: Harry A. Blackmun
To: Conference
Copied: None
On: February 2nd, 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 O. Douglas
To: Harry A. Blackmun
Copied: Conference
On: February 3rd, 1971
Action: Disagree with Another Justice's Suggestion
Memo states that the justice disagrees with another justice's suggestion to the majority opinion author. The identity of the justice whose suggestion is countered is located in the JOINED variable.

Document 13

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: February 3rd, 1971
Action: Disagree with Another Justice's Suggestion
Memo states that the justice disagrees with another justice's suggestion to the majority opinion author. The identity of the justice whose suggestion is countered is located in the JOINED variable.

Document 14

From: Hugo. L. Black
To: Harry A. Blackmun
Copied: Conference
On: February 3rd, 1971
Action: Disagree with Another Justice's Suggestion
Memo states that the justice disagrees with another justice's suggestion to the majority opinion author. The identity of the justice whose suggestion is countered is located in the JOINED variable.

Document 15

From: Potter Stewart
To: Harry A. Blackmun
Copied: Conference
On: February 3rd, 1971
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.

Document 16

From: Warren E. Burger
To: Conference
Copied: None
On: February 5th, 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 17

From: Warren E. Burger
To: Conference
Copied: None
On: March 5th, 1971
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 18

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 5th, 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: Hugo. L. Black
To: Thurgood Marshall
Copied: None
On: March 18th, 1971
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 20

From: Thurgood Marshall
To: Conference
Copied: None
On: March 23rd, 1971
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 21

From: Warren E. Burger
To: Conference
Copied: None
On: March 31st, 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
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 22

From: Warren E. Burger
To: Conference
Copied: None
On: March 31st, 1971
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 23

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: None
On: April 1st, 1971
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 24

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 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 25

From: Hugo. L. Black
To: Warren E. Burger
Copied: Thurgood Marshall
On: April 2nd, 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 26

From: John M. Harlan
To: Warren E. Burger
Copied: Conference
On: April 2nd, 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 27

From: Thurgood Marshall
To: Conference
Copied: None
On: May 26th, 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 28

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: May 26th, 1971
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 29

From: Thurgood Marshall
To: Conference
Copied: None
On: May 26th, 1971
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 30

From: Warren E. Burger
To: Conference
Copied: None
On: June 3rd, 1971
Action: Vote Line-Up
This includes a copy of the suggested vote line-up in case (for final vote coalitions in case); this does not include memos about opinion writing, but only refers to how the vote will be reported on the final opinion

Document 31

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: June 3rd, 1971
Action: Vote Line-Up
This includes a copy of the suggested vote line-up in case (for final vote coalitions in case); this does not include memos about opinion writing, but only refers to how the vote will be reported on the final opinion

Document 32

From: Thurgood Marshall
To: Conference
Copied: None
On: June 4th, 1971
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result