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Roe V. Wade (1971)

 

Document 1

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: None
On: December 30th, 1971
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 2

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: January 18th, 1972
Action: Case Should be Reargued
Includes statement that maybe case should be reargued

Document 3

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 18th, 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
Action: Case Should be Reargued
Includes statement that maybe case should be reargued

Document 4

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: May 18th, 1972
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
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: Harry A. Blackmun
To: Conference
Copied: None
On: May 18th, 1972
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 6

From: William O. Douglas
To: Harry A. Blackmun
Copied: Conference
On: May 19th, 1972
Action: Case Should Not be Reargued
Includes statement that case will not be argued
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
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 7

From: William O. Douglas
To: Harry A. Blackmun
Copied: Conference
On: May 25th, 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: Byron R. White
To: Conference
Copied: None
On: May 29th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 9

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 31st, 1972
Action: Case Should be Reargued
Includes statement that maybe case should be reargued

Document 10

From: William O. Douglas
To: Harry A. Blackmun
Copied: Conference
On: May 31st, 1972
Action: Case Should Not be Reargued
Includes statement that case will not be argued

Document 11

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: May 31st, 1972
Action: Case Should Not be Reargued
Includes statement that case will not be argued

Document 12

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: May 31st, 1972
Action: Case Should Not be Reargued
Includes statement that case will not be argued

Document 13

From: Warren E. Burger
To: Conference
Copied: None
On: May 31st, 1972
Action: Case Should be Reargued
Includes statement that maybe case should be reargued
Action: Memo about Supplemental or Amicus Briefs
Justice may express views on need for additional briefs (e.g., no need for supplemental briefs); justices may discuss proposed questions for supplemental briefs; justices may discuss oral arguments, reargument, or parties' briefs (e.g., date, length, exact questions that should be presented at orals or in briefs); justices may discuss asking litigants for additional information

Document 14

From: Lewis F. Powell
To: Conference
Copied: None
On: June 1st, 1972
Action: Case Should be Reargued
Includes statement that maybe case should be reargued

Document 15

From: William H. Rehnquist
To: Conference
Copied: None
On: June 1st, 1972
Action: Case Should be Reargued
Includes statement that maybe case should be reargued

Document 16

From: William O. Douglas
To: Warren E. Burger
Copied: Conference
On: June 1st, 1972
Action: Will Write Separately If...
Justice states conditions for writing a separate opinion; memo may also state conditions for withdrawing a separate opinion

Document 17

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: None
On: June 2nd, 1972
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 18

From: Byron R. White
To: Conference
Copied: None
On: June 5th, 1972
Action: Case Should be Reargued
Includes statement that maybe case should be reargued

Document 19

From: William O. Douglas
To: Conference
Copied: None
On: June 13th, 1972
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 20

From: Warren E. Burger
To: William O. Douglas
Copied: Conference
On: July 27th, 1972
Action: Dissenting Opinion Author's Response
May be a response to a suggestion, majority opinion, or another separate opinion; it may say the author made changes and see the attached opinion; it may indicate the opinion has been changed although not prompted by someone else