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Wisconsin V. Yoder (1971)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: April 7th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Warren E. Burger
To: Conference
Copied: None
On: April 7th, 1972
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 3

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: April 10th, 1972
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 4

From: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: April 11th, 1972
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 5

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: April 12th, 1972
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 6

From: Warren E. Burger
To: Conference
Copied: None
On: April 21st, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: April 24th, 1972
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 J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: April 24th, 1972
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 9

From: William O. Douglas
To: Conference
Copied: None
On: April 26th, 1972
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 10

From: Potter Stewart
To: Conference
Copied: None
On: April 27th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 11

From: Potter Stewart
To: Conference
Copied: None
On: April 27th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 12

From: William O. Douglas
To: Conference
Copied: None
On: April 28th, 1972
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 13

From: William O. Douglas
To: Conference
Copied: None
On: May 1st, 1972
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 14

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: May 1st, 1972
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: May 3rd, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: William O. Douglas
To: Conference
Copied: None
On: May 11th, 1972
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 17

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: May 11th, 1972
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 18

From: Byron R. White
To: Conference
Copied: None
On: May 11th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 19

From: William O. Douglas
To: Conference
Copied: None
On: May 12th, 1972
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 20

From: Potter Stewart
To: Byron R. White
Copied: Conference
On: May 12th, 1972
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 21

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: May 12th, 1972
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 22

From: Byron R. White
To: Conference
Copied: None
On: May 13th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft