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Loper V. Beto (1971)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: January 26th, 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: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: January 26th, 1972
Action: Majority Opinion Assignment
This may be an assignment of either the majority opinion or a memorandum opinion; memo may state that a justice has agreed to undertake the opinion of the Court; memo reassigns the case

Document 3

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: January 26th, 1972
Action: Will Write Memorandum Opinion
A memo where a justice states that he or she will circulate a memorandum opinion draft, including that a memorandum opinion will be out soon or that a revised draft of the memorandum opinion will be circulated

Document 4

From: William O. Douglas
To: Warren E. Burger
Copied: Conference
On: January 27th, 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 5

From: Warren E. Burger
To: William O. Douglas
Copied: Conference
On: January 31st, 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 6

From: William O. Douglas
To: Warren E. Burger
Copied: Conference
On: January 31st, 1972
Action: Majority Opinion Assignment
This may be an assignment of either the majority opinion or a memorandum opinion; memo may state that a justice has agreed to undertake the opinion of the Court; memo reassigns the case

Document 7

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

Document 8

From: William O. Douglas
To: Potter Stewart
Copied: Conference
On: February 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 9

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: Conference
On: February 3rd, 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: Thurgood Marshall
To: Potter Stewart
Copied: Conference
On: February 3rd, 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 H. Rehnquist
To: Conference
Copied: None
On: February 4th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: William H. Rehnquist
To: Conference
Copied: None
On: February 7th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: Potter Stewart
To: Conference
Copied: None
On: February 8th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

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

Document 15

From: William H. Rehnquist
To: Conference
Copied: None
On: February 10th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 16

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: February 11th, 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 17

From: Potter Stewart
To: Conference
Copied: None
On: February 15th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 18

From: Potter Stewart
To: Conference
Copied: None
On: February 15th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: February 15th, 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 20

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 15th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 21

From: Byron R. White
To: Conference
Copied: None
On: February 16th, 1972
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 22

From: Warren E. Burger
To: William H. Rehnquist
Copied: None
On: February 16th, 1972
Action: May Join Dissent
Memos where a justice expresses the inclination to join a dissenting opinion, including joining the dissent in part; memos may also state a justice’s intention to join a dissent if another justice writes or circulates one; memos may also state that a justice expects to join or tentatively joins a dissent
Action: May Write Dissenting Opinion
A memo where a justice states that he or she may (or will likely) write a dissenting opinion (e.g., considering a dissent, expects to write dissent, will probably write dissent, may write dissent in part, inclined to dissent, shall likely be in dissent, may not write dissent, and hope not to write dissent)

Document 23

From: Potter Stewart
To: Conference
Copied: None
On: February 23rd, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 24

From: Warren E. Burger
To: Conference
Copied: None
On: March 2nd, 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: William H. Rehnquist
Copied: Conference
On: March 3rd, 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 26

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 3rd, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 27

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 6th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 28

From: Warren E. Burger
To: Conference
Copied: None
On: March 7th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 29

From: Warren E. Burger
To: Conference
Copied: None
On: March 10th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 30

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: March 10th, 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 31

From: Potter Stewart
To: Conference
Copied: None
On: March 13th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 32

From: Warren E. Burger
To: Conference
Copied: None
On: March 14th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 33

From: Warren E. Burger
To: William H. Rehnquist
Copied: None
On: March 16th, 1972
Action: Suggestion to Separate Opinion
Memo states includes a justice's suggestion for a separate opinion (e.g., don't agree with reasoning of separate opinion; comment on separate opinion; will join separate opinion if; cannot join separate opinion; will be making suggestion to separate opinion). The identity of the separate opinion author who receives suggestion is located in the JOINED variable.

Document 34

From: Potter Stewart
To: Conference
Copied: None
On: March 16th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 35

From: Warren E. Burger
To: Conference
Copied: None
On: March 21st, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 36

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