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Branzburg V. Hayes (1971)

 

Document 1

From: Byron R. White
To: Conference
Copied: None
On: May 29th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: May 30th, 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 3

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: May 31st, 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 4

From: William O. Douglas
To: Byron R. White
Copied: Conference
On: May 31st, 1972
Action: Dissent at Foot
This refers to a letter where a justice asks that a dissent (or a dissent in part) be noted at the foot of an opinion; it also includes at foot opinions that indicates the justice wants the Court to hear arguments and decide rather than dismiss or decide summarily

Document 5

From: Potter Stewart
To: Byron R. White
Copied: Conference
On: May 31st, 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 6

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: June 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.

Document 7

From: Potter Stewart
To: Conference
Copied: None
On: June 19th, 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 8

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: Conference
On: June 20th, 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 9

From: Thurgood Marshall
To: Potter Stewart
Copied: Conference
On: June 20th, 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 10

From: Potter Stewart
To: Conference
Copied: None
On: June 22nd, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 11

From: Byron R. White
To: Conference
Copied: None
On: June 23rd, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Lewis F. Powell
To: Conference
Copied: None
On: June 24th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 13

From: Lewis F. Powell
To: Conference
Copied: None
On: June 24th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 14

From: Warren E. Burger
To: Conference
Copied: None
On: June 26th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 15

From: Potter Stewart
To: Conference
Copied: None
On: June 27th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 16

From: Byron R. White
To: Conference
Copied: None
On: June 27th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: Lewis F. Powell
To: Conference
Copied: None
On: June 28th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft