Show / Hide Files

Gaffney V. Cummings (1972)

 

Document 1

From: Byron R. White
To: Conference
Copied: None
On: April 25th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Potter Stewart
To: Byron R. White
Copied: Conference
On: April 26th, 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 3

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: April 30th, 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 4

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: April 30th, 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.
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 5

From: Byron R. White
To: Conference
Copied: None
On: May 8th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: May 11th, 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 7

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 5th, 1973
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 8

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: Conference
On: June 7th, 1973
Action: Join Concur in Part and Dissent in Part
Memos where justices state that they join an opinion that concurs in part and dissents in part; alternatively, the opinion that is joined might concur in judgment and dissent. The identity of the opinion author who receives the join is located in the JOINED variable.
Action: May Write Dissenting Opinion
A memo where a justice states that he or she may (or will likely) write a dissenting opinion (e.g., considering a dissent, expects to write dissent, will probably write dissent, may write dissent in part, inclined to dissent, shall likely be in dissent, may not write dissent, and hope not to write dissent)

Document 9

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 8th, 1973
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 10

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: June 11th, 1973
Action: Join Concur in Part and Dissent in Part
Memos where justices state that they join an opinion that concurs in part and dissents in part; alternatively, the opinion that is joined might concur in judgment and dissent. The identity of the opinion author who receives the join is located in the JOINED variable.

Document 11

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: June 11th, 1973
Action: Join Concur in Part and Dissent in Part
Memos where justices state that they join an opinion that concurs in part and dissents in part; alternatively, the opinion that is joined might concur in judgment and dissent. The identity of the opinion author who receives the join is located in the JOINED variable.
Action: Withdraw Join of Separate Opinion
This includes withdrawing joins of dissents and concurrences and withdrawing joins of part of a separate opinion. The identity of the separate opinion author whose opinion had previously been joined is located in the JOINED variable.

Document 12

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 11th, 1973
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 13

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 12th, 1973
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 14

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 13th, 1973
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 15

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: June 13th, 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 16

From: Byron R. White
To: Conference
Copied: None
On: June 15th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: Byron R. White
To: Conference
Copied: None
On: June 18th, 1973
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 18

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 21st, 1973
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