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Gelbard V. United States (1971)

 

Document 1

From: William O. Douglas
To: Warren E. Burger
Copied: Conference
On: March 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 2

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 29th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: Conference
On: May 29th, 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 Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 4

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: May 29th, 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 5

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 30th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: Thurgood Marshall
To: William J. Brennan, Jr.
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 7

From: Potter Stewart
To: William J. Brennan, Jr.
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 8

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 1st, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 9

From: William O. Douglas
To: Conference
Copied: None
On: June 5th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 10

From: William O. Douglas
To: Conference
Copied: None
On: June 7th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 11

From: William O. Douglas
To: Conference
Copied: None
On: June 9th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 12

From: William H. Rehnquist
To: Conference
Copied: None
On: June 15th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: June 18th, 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.
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 14

From: Harry A. Blackmun
To: William H. Rehnquist
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 15

From: William H. Rehnquist
To: Conference
Copied: None
On: June 20th, 1972
Action: Separate Opinion Author's Response
Circulation of Change to Separate Opinion (e.g., footnote, portion of opinion, adding paragraph); this occurs in a memo, not on a draft opinion; circulation of change to unlabeled opinion

Document 16

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 20th, 1972
Action: Proposes Disposition of Held Cases
Memo lists cases held for an opinion and gives cert votes or votes on the merits for the held cases; justice may state that held cases should be discussed at conference

Document 17

From: Byron R. White
To: Conference
Copied: None
On: June 21st, 1972
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 18

From: Lewis F. Powell
To: Byron R. White
Copied: None
On: June 21st, 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: 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 19

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: June 21st, 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: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 21st, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 21

From: William H. Rehnquist
To: Conference
Copied: None
On: June 22nd, 1972
Action: Separate Opinion Author's Response
Circulation of Change to Separate Opinion (e.g., footnote, portion of opinion, adding paragraph); this occurs in a memo, not on a draft opinion; circulation of change to unlabeled opinion

Document 22

From: William H. Rehnquist
To: Conference
Copied: None
On: June 23rd, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 23

From: Byron R. White
To: Conference
Copied: None
On: June 23rd, 1972
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 24

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: None
On: June 26th, 1972
Action: Proposes Disposition of Held Cases
Memo lists cases held for an opinion and gives cert votes or votes on the merits for the held cases; justice may state that held cases should be discussed at conference