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Argersinger V. Hamlin (1971)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: December 17th, 1971
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 2

From: William O. Douglas
To: Warren E. Burger
Copied: Conference
On: December 17th, 1971
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 3

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: None
On: December 17th, 1971
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 4

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: December 17th, 1971
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 5

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: December 17th, 1971
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 6

From: Warren E. Burger
To:
Copied: Conference
On: December 20th, 1971
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 7

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: December 20th, 1971
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 8

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: December 20th, 1971
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 9

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: March 2nd, 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 10

From: Warren E. Burger
To: Conference
Copied: None
On: March 6th, 1972
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 11

From: William O. Douglas
To: Conference
Copied: None
On: March 24th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: William O. Douglas
To: Conference
Copied: None
On: March 27th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: Thurgood Marshall
To: William O. Douglas
Copied: Conference
On: March 27th, 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 14

From: Lewis F. Powell
To: William O. Douglas
Copied: Conference
On: March 27th, 1972
Action: Will Write "Separate Opinion"
A memo where a justice states that he or she will circulate a "separate opinion" draft, including that a "separate opinion" will be out soon or that a revised draft of the "separate opinion" will be circulated

Document 15

From: Warren E. Burger
To: William O. Douglas
Copied: Conference
On: March 28th, 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 16

From: Potter Stewart
To: William O. Douglas
Copied: Conference
On: April 12th, 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
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...

Document 17

From: Lewis F. Powell
To: Conference
Copied: None
On: April 13th, 1972
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 18

From: William O. Douglas
To: Conference
Copied: None
On: April 17th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: William O. Douglas
To: Conference
Copied: None
On: April 17th, 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 20

From: Potter Stewart
To: William O. Douglas
Copied: Conference
On: April 18th, 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 21

From: William O. Douglas
To: Conference
Copied: None
On: April 19th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 22

From: Byron R. White
To: William O. Douglas
Copied: Conference
On: April 20th, 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 J. Brennan, Jr.
To: William O. Douglas
Copied: Conference
On: April 20th, 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 24

From: Lewis F. Powell
To: Conference
Copied: None
On: April 22nd, 1972
Action: Will Write Concurring Opinion
A memo where a justice states that he or she will circulate a concurring opinion draft, including that a concurring opinion will be out soon or that a revised draft of the concurring opinion will be circulated; this may also apply to opinions that concur in part or concur in the judgment or result

Document 25

From: Lewis F. Powell
To: Conference
Copied: None
On: April 25th, 1972
Action: Will Write "Separate Opinion"
A memo where a justice states that he or she will circulate a "separate opinion" draft, including that a "separate opinion" will be out soon or that a revised draft of the "separate opinion" will be circulated

Document 26

From: Lewis F. Powell
To: Conference
Copied: None
On: May 2nd, 1972
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 27

From: William O. Douglas
To: Conference
Copied: None
On: May 3rd, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 28

From: Potter Stewart
To: William O. Douglas
Copied: William J. Brennan, Jr., Byron R. White, Thurgood Marshall
On: May 9th, 1972
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 29

From: William O. Douglas
To: William J. Brennan, Jr., Potter Stewart, Byron R. White
Copied: None
On: May 9th, 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 30

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: Potter Stewart, Byron R. White, Thurgood Marshall
On: May 9th, 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 31

From: Byron R. White
To: William O. Douglas
Copied: William J. Brennan, Jr., Potter Stewart, Thurgood Marshall
On: May 10th, 1972
Action: Disagrees with Opinion Author
Memo expresses a justice's disagreement with an opinion author's letter, proposal, or footnote

Document 32

From: William O. Douglas
To: Conference
Copied: None
On: May 10th, 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 33

From: Thurgood Marshall
To: William O. Douglas
Copied: Conference
On: May 11th, 1972
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 34

From: Byron R. White
To: William O. Douglas
Copied: Conference
On: May 11th, 1972
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 35

From: William O. Douglas
To: Conference
Copied: None
On: May 11th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 36

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 17th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 37

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: None
On: May 17th, 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 38

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 18th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 39

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: May 18th, 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 40

From: Harry A. Blackmun
To: William O. Douglas
Copied: Conference
On: May 18th, 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: 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 41

From: Lewis F. Powell
To: Conference
Copied: None
On: May 19th, 1972
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 42

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: May 23rd, 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 43

From: Lewis F. Powell
To: Conference
Copied: None
On: May 25th, 1972
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 44

From: Warren E. Burger
To: Conference
Copied: None
On: May 31st, 1972
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 45

From: Warren E. Burger
To: William O. Douglas
Copied: Conference
On: May 31st, 1972
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 46

From: William O. Douglas
To: Conference
Copied: None
On: June 9th, 1972
Action: Proposes Disposition of Held Cases
Memo lists cases held for an opinion and gives cert votes or votes on the merits for the held cases; justice may state that held cases should be discussed at conference