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S&e Contractors, Inc. V. United States (1971)

 

Document 1

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 23rd, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: William O. Douglas
To: Conference
Copied: None
On: November 24th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 3

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: November 24th, 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 26th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: William O. Douglas
To: Conference
Copied: None
On: November 27th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 6

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: November 29th, 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 7

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: November 29th, 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 8

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: November 30th, 1971
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 9

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 30th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: Potter Stewart
To: Harry A. Blackmun
Copied: None
On: December 1st, 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 11

From: William O. Douglas
To: Conference
Copied: None
On: December 1st, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: Potter Stewart
To: Harry A. Blackmun
Copied: Conference
On: December 2nd, 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: Harry A. Blackmun
To: Conference
Copied: None
On: December 2nd, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 14

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 3rd, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: William O. Douglas
To: Conference
Copied: None
On: December 4th, 1971
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 16

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 6th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 17

From: William O. Douglas
To: Conference
Copied: None
On: December 8th, 1971
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 18

From: Warren E. Burger
To: William O. Douglas
Copied: Conference
On: December 9th, 1971
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 19

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: December 9th, 1971
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 20

From: William O. Douglas
To: Conference
Copied: None
On: December 9th, 1971
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 21

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

Document 22

From: William O. Douglas
To: Conference
Copied: None
On: December 13th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 23

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 13th, 1971
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 24

From: Potter Stewart
To: Harry A. Blackmun
Copied: Conference
On: December 14th, 1971
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 25

From: William O. Douglas
To: Conference
Copied: None
On: December 14th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 26

From: William O. Douglas
To: Conference
Copied: None
On: December 14th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 27

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 15th, 1971
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 28

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 15th, 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 29

From: William O. Douglas
To: Conference
Copied: None
On: December 20th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 30

From: Warren E. Burger
To: William O. Douglas
Copied: None
On: January 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.
Action: May Join Concurrence
Memos where a justice expresses the inclination to join a concurring opinion, including a concurrence in the judgment or result.

Document 31

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 4th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 32

From: William O. Douglas
To: Conference
Copied: None
On: January 5th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 33

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 6th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 34

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: January 6th, 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 35

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: January 6th, 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 36

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 6th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 37

From: William O. Douglas
To: Conference
Copied: None
On: January 7th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 38

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

Document 39

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: Conference
On: April 4th, 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 40

From: Potter Stewart
To: William O. Douglas
Copied: Conference
On: April 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 41

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

Document 42

From: Harry A. Blackmun
To: William O. Douglas
Copied: None
On: April 12th, 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 43

From: Potter Stewart
To: Harry A. Blackmun
Copied: Conference
On: April 12th, 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 44

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: April 12th, 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 45

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 12th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 46

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: April 13th, 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 47

From: William H. Rehnquist
To: William O. Douglas
Copied: Conference
On: April 14th, 1972
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 48

From: Warren E. Burger
To: William O. Douglas
Copied: Conference
On: April 14th, 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 49

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 14th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 50

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

Document 51

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: April 17th, 1972
Action: May Join Concurrence
Memos where a justice expresses the inclination to join a concurring opinion, including a concurrence in the judgment or result.

Document 52

From: Lewis F. Powell
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.
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.
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 53

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 18th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 54

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 20th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 55

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 21st, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form