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United States V. United States District Court For Eastern District Of Michigan (1971)

 

Document 1

From: William O. Douglas
To: Warren E. Burger
Copied: None
On: March 6th, 1972
Action: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice

Document 2

From: Warren E. Burger
To: William O. Douglas
Copied: Conference
On: March 6th, 1972
Action: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice

Document 3

From: William O. Douglas
To: Lewis F. Powell
Copied: William J. Brennan, Jr.
On: March 8th, 1972
Action: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice

Document 4

From: Lewis F. Powell
To: Warren E. Burger, William O. Douglas
Copied: Byron R. White
On: March 9th, 1972
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

Document 5

From: Lewis F. Powell
To: Warren E. Burger, William O. Douglas
Copied: Byron R. White
On: March 9th, 1972
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

Document 6

From: Byron R. White
To: Conference
Copied: None
On: March 15th, 1972
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 7

From: Lewis F. Powell
To: Conference
Copied: None
On: May 3rd, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: May 3rd, 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 9

From: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: May 4th, 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 10

From: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: May 4th, 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 11

From: William O. Douglas
To: Lewis F. Powell
Copied: Conference
On: May 4th, 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.
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: William O. Douglas
To: Lewis F. Powell
Copied: None
On: May 4th, 1972
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: Byron R. White
To: Conference
Copied: None
On: May 5th, 1972
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 14

From: William O. Douglas
To: Conference
Copied: None
On: May 15th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 15

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: None
On: May 18th, 1972
Action: Thank You Notes
Justices circulate memos thanking another justice for making a change to an opinion or thanking an author for considering a justice's suggestions
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 16

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: None
On: May 19th, 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 17

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: None
On: May 19th, 1972
Action: Thank You Notes
Justices circulate memos thanking another justice for making a change to an opinion or thanking an author for considering a justice's suggestions
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: Lewis F. Powell
To: Conference
Copied: None
On: May 22nd, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: William O. Douglas
To: Conference
Copied: None
On: May 25th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 20

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: May 26th, 1972
Action: Join Judgment of Court
Memos where a justice states that they join the judgment or result of the Court or where they join part of the judgment

Document 21

From: William O. Douglas
To: Conference
Copied: None
On: June 7th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 22

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: June 12th, 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 23

From: William O. Douglas
To: Lewis F. Powell
Copied: None
On: June 15th, 1972
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