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Gulf States Utilities Co. V. Fpc (1972)

 

Document 1

From: Warren E. Burger
To: William O. Douglas
Copied: Conference
On: December 14th, 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
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: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: December 15th, 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 3

From: William O. Douglas
To: Conference
Copied: None
On: December 21st, 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 4

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: None
On: January 18th, 1973
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 5

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: None
On: January 18th, 1973
Action: Dissenting Opinion Author's Response
May be a response to a suggestion, majority opinion, or another separate opinion; it may say the author made changes and see the attached opinion; it may indicate the opinion has been changed although not prompted by someone else

Document 6

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: None
On: March 27th, 1973
Action: Will Write Memorandum Opinion
A memo where a justice states that he or she will circulate a memorandum opinion draft, including that a memorandum opinion will be out soon or that a revised draft of the memorandum opinion will be circulated

Document 7

From: Lewis F. Powell
To: Conference
Copied: None
On: March 28th, 1973
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 8

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 28th, 1973
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 9

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: March 29th, 1973
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 10

From: William O. Douglas
To: Harry A. Blackmun
Copied: Conference
On: March 29th, 1973
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: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: March 29th, 1973
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 12

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: March 29th, 1973
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)

Document 13

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: March 30th, 1973
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 14

From: Lewis F. Powell
To: Conference
Copied: None
On: March 30th, 1973
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 15

From: Lewis F. Powell
To: Conference
Copied: None
On: April 2nd, 1973
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: Harry A. Blackmun
Copied: Conference
On: April 3rd, 1973
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 17

From: Warren E. Burger
To: Conference
Copied: None
On: April 13th, 1973
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 18

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: May 9th, 1973
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.