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California Motor Transport Co. V. Trucking Unlimited (1971)

 

Document 1

From: Warren E. Burger
To: William O. Douglas
Copied: None
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: William O. Douglas
To: Warren E. Burger
Copied: None
On: November 15th, 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 3

From: William O. Douglas
To: Warren E. Burger
Copied: None
On: November 15th, 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 4

From: William O. Douglas
To: Conference
Copied: None
On: November 22nd, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

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

Document 6

From: Thurgood Marshall
To: William O. Douglas
Copied: Conference
On: November 23rd, 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: Potter Stewart
To: Conference
Copied: None
On: November 24th, 1971
Action: Will Write Concurring Opinion
A memo where a justice states that he or she will circulate a concurring opinion draft, including that a concurring opinion will be out soon or that a revised draft of the concurring opinion will be circulated; this may also apply to opinions that concur in part or concur in the judgment or result

Document 8

From: Byron R. White
To: William O. Douglas
Copied: Conference
On: November 30th, 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 9

From: Harry A. Blackmun
To: William O. Douglas
Copied: None
On: December 16th, 1971
Action: Await Concurrence
Justice awaits a concurring opinion, including an opinion that concurs in part or that concurs in judgment

Document 10

From: Warren E. Burger
To: William O. Douglas
Copied: Conference
On: December 28th, 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 11

From: William O. Douglas
To: Conference
Copied: None
On: December 29th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Potter Stewart
To: Conference
Copied: None
On: January 5th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 13

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

Document 14

From: Harry A. Blackmun
To: William O. Douglas
Copied: Conference
On: January 6th, 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: William J. Brennan, Jr.
To: Potter Stewart
Copied: Conference
On: January 6th, 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 16

From: William O. Douglas
To: Conference
Copied: None
On: January 6th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: William O. Douglas
To: Conference
Copied: None
On: January 8th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 18

From: William O. Douglas
To: Warren E. Burger
Copied: Conference
On: January 12th, 1972
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