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Kirby V. Illinois (1971)

 

Document 1

From: William O. Douglas
To: Warren E. Burger
Copied: William J. Brennan, Jr.
On: November 15th, 1971
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: None
On: November 15th, 1971
Action: Case Should be Reargued
Includes statement that maybe case should be reargued

Document 3

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: Conference
On: November 16th, 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 4

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 16th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: November 16th, 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: Potter Stewart
To: Conference
Copied: None
On: November 16th, 1971
Action: Will Write Dissenting Opinion
A memo where a justice states that he or she will circulate a dissenting opinion draft, including that a dissenting opinion will be out soon or that a revised draft of the dissenting opinion will be circulated; this also applies to statements responding to dissent assignments like will be glad to write dissent, self-assignment of dissent (e.g., we are in dissent and I will write it), or requesting permission to write dissent (e.g., is it ok if I write a dissent)

Document 7

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: November 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
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 8

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 17th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 9

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: November 17th, 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
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 10

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 18th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 11

From: Potter Stewart
To: Conference
Copied: None
On: November 22nd, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: November 23rd, 1971
Action: Join Dissent
Memos where a justice states that they join a dissenting opinion, including joining the dissent in part, joining a dissent from denial of cert, or joining a dissent at foot. The identity of the dissenting opinion author who receives the join is located in the JOINED variable.

Document 13

From: Potter Stewart
To: Conference
Copied: None
On: November 23rd, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 14

From: Byron R. White
To: Conference
Copied: None
On: December 9th, 1971
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 15

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 10th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: Warren E. Burger
To: Conference
Copied: None
On: January 17th, 1972
Action: Case Should be Reargued
Includes statement that maybe case should be reargued

Document 17

From: Warren E. Burger
To: Conference
Copied: None
On: January 17th, 1972
Action: Case Should be Reargued
Includes statement that maybe case should be reargued

Document 18

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: January 17th, 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: Case Should Not be Reargued
Includes statement that case will not be argued
Action: Memo Regarding Meeting Time, Place or Agenda
Memo may suggest that the justice talk or discuss an issue at conference; memo may maintain that no further conference discussion is needed; memo may state that a justice will be away

Document 19

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: Conference
On: May 2nd, 1972
Action: Will Write Dissenting Opinion
A memo where a justice states that he or she will circulate a dissenting opinion draft, including that a dissenting opinion will be out soon or that a revised draft of the dissenting opinion will be circulated; this also applies to statements responding to dissent assignments like will be glad to write dissent, self-assignment of dissent (e.g., we are in dissent and I will write it), or requesting permission to write dissent (e.g., is it ok if I write a dissent)

Document 20

From: William H. Rehnquist
To: Potter Stewart
Copied: Conference
On: May 2nd, 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: Potter Stewart
To: Conference
Copied: None
On: May 2nd, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 22

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: May 5th, 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: William J. Brennan, Jr.
Copied: Conference
On: May 8th, 1972
Action: Join Dissent
Memos where a justice states that they join a dissenting opinion, including joining the dissent in part, joining a dissent from denial of cert, or joining a dissent at foot. The identity of the dissenting opinion author who receives the join is located in the JOINED variable.

Document 24

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 8th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 25

From: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: May 9th, 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: 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

Document 26

From: Potter Stewart
To: Conference
Copied: None
On: May 10th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 27

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 11th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 28

From: Byron R. White
To: Conference
Copied: None
On: May 11th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 29

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: May 18th, 1972
Action: Join Dissent
Memos where a justice states that they join a dissenting opinion, including joining the dissent in part, joining a dissent from denial of cert, or joining a dissent at foot. The identity of the dissenting opinion author who receives the join is located in the JOINED variable.

Document 30

From: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: May 18th, 1972
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

Document 31

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 22nd, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 32

From: Potter Stewart
To: Conference
Copied: None
On: May 22nd, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 33

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 23rd, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 34

From: Potter Stewart
To: Conference
Copied: None
On: June 2nd, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 35

From: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: June 5th, 1972
Action: Concur in Judgment at Foot
This refers to a letter where a justice asks that a concurrence in judgment or the result be noted at the foot of an opinion, including a concur in judgment or result in part at foot