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Lemon V. Kurtzman (1970)

 

Case Details

Docket Number: 89
Case Term: 1970

Justices Involved

Justice John M. Harlan
Justice Warren E. Burger
Justice Potter Stewart
Justice William O. Douglas
Justice Hugo. L. Black
Justice Harry A. Blackmun
Justice Thurgood Marshall
Justice Byron R. White

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Download Documents PDF

Document 1

From: John M. Harlan
To: Warren E. Burger
Copied: Conference
On: January 27th, 1971
Action: Vote on a Motion (e.g., to vacate stay order, to deny an injunction)
Would deny stay; retain stay; suggest they not act on a motion or order; should vacate order; comment on when they should vote on the motion

Document 2

From: Potter Stewart
To:
Copied: Conference
On: January 29th, 1971
Action: Vote on a Motion (e.g., to vacate stay order, to deny an injunction)
Would deny stay; retain stay; suggest they not act on a motion or order; should vacate order; comment on when they should vote on the motion

Document 3

From: Warren E. Burger
To: Conference
Copied: None
On: May 6th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: Warren E. Burger
To: Conference
Copied: None
On: May 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: Hold Case
Justice would hold case for another case; proposes holding this case for another case; suggests an opinion be held over for the next term (e.g., maybe we should hold over); memo about consolidating cases

Document 5

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: May 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 6

From: William O. Douglas
To: Conference
Copied: None
On: May 8th, 1971
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 7

From: William O. Douglas
To: Conference
Copied: None
On: May 11th, 1971
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 8

From: William O. Douglas
To: Hugo. L. Black
Copied: None
On: May 24th, 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: Separate Opinion Author's Response
Circulation of Change to Separate Opinion (e.g., footnote, portion of opinion, adding paragraph); this occurs in a memo, not on a draft opinion; circulation of change to unlabeled opinion

Document 9

From: William O. Douglas
To: Conference
Copied: None
On: May 26th, 1971
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 10

From: Warren E. Burger
To: Conference
Copied: None
On: June 4th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 11

From: John M. Harlan
To: Warren E. Burger
Copied: Conference
On: June 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.
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 12

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: June 9th, 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: 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 13

From: Thurgood Marshall
To: William O. Douglas
Copied: Conference
On: June 11th, 1971
Action: Concur at Foot
This refers to a letter where a justice asks that a concurrence (or a concurrence in part) be noted at the foot of an opinion
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 14

From: Byron R. White
To: Conference
Copied: None
On: June 11th, 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 15

From: William O. Douglas
To: Conference
Copied: None
On: June 14th, 1971
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 16

From: Byron R. White
To: Conference
Copied: None
On: June 16th, 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 17

From: Harry A. Blackmun
To: Warren E. Burger
Copied: None
On: June 16th, 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 18

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: June 16th, 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 19

From: Warren E. Burger
To: Conference
Copied: None
On: June 16th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 20

From: Byron R. White
To: Conference
Copied: None
On: June 18th, 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 21

From: John M. Harlan
To: Warren E. Burger
Copied: Conference
On: June 22nd, 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 22

From: Warren E. Burger
To: Conference
Copied: None
On: June 23rd, 1971
Action: Majority Opinion
This refers to a majority opinion draft