Show / Hide Files

Pipefitters V. United States (1971)

 

Document 1

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: Conference
On: February 14th, 1972
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
Action: Case Should Not be Reargued
Includes statement that case will not be argued

Document 2

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 14th, 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 3

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: February 15th, 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 4

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: February 16th, 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: William O. Douglas
To: William J. Brennan, Jr.
Copied: Conference
On: February 22nd, 1972
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: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 22nd, 1972
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: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: February 22nd, 1972
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: William J. Brennan, Jr.
To: William H. Rehnquist
Copied: Conference
On: February 23rd, 1972
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: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: February 24th, 1972
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 10

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: February 24th, 1972
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 11

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: February 24th, 1972
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 12

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 17th, 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 13

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

Document 14

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: Conference
On: March 17th, 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 15

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: March 20th, 1972
Action: May Join Majority Opinion
Memos where a justice states the intent to join the majority opinion later (e.g., may join majority; will probably join majority; could join majority; agree tentatively; inclined to join; close to joining; agrees generally; agree with most of opinion; in basic agreement; intend to join; am prepared to join; expect to join; expect to join part of majority opinion; join unless someone else dissents; will join majority opinion if no majority exists; join unless someone else persuades me

Document 16

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: March 21st, 1972
Action: May Join Memorandum Opinion (Author is Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion drafted by the assigned opinion author (e.g., could go along with memorandum opinion; agrees generally with memorandum opinion; agree tentatively with memorandum opinion; will join memorandum opinion if it becomes majority opinion)
Action: Will Make Suggestion
Memo states that a justice will make a suggestion to the majority opinion, including statements that a justice will postpone making a suggestion for now or that the justice may make suggestion

Document 17

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: March 22nd, 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 18

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

Document 19

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: March 29th, 1972
Action: May Join Majority Opinion
Memos where a justice states the intent to join the majority opinion later (e.g., may join majority; will probably join majority; could join majority; agree tentatively; inclined to join; close to joining; agrees generally; agree with most of opinion; in basic agreement; intend to join; am prepared to join; expect to join; expect to join part of majority opinion; join unless someone else dissents; will join majority opinion if no majority exists; join unless someone else persuades me
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 20

From: William J. Brennan, Jr.
To: William H. Rehnquist
Copied: Conference
On: March 29th, 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 21

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: May 8th, 1972
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 22

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 15th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 23

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 23rd, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 24

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: May 28th, 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 25

From: Lewis F. Powell
To: Conference
Copied: None
On: June 16th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 26

From: Lewis F. Powell
To: Conference
Copied: None
On: June 16th, 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
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

Document 27

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: June 19th, 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 28

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: June 19th, 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 29

From: Lewis F. Powell
To: Conference
Copied: None
On: June 20th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 30

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 20th, 1972
Action: Majority Opinion
This refers to a majority opinion draft