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California V. Larue (1972)

 

Document 1

From: William H. Rehnquist
To: Conference
Copied: None
On: November 2nd, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Thurgood Marshall
To: William H. Rehnquist
Copied: Conference
On: November 3rd, 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: November 6th, 1972
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 4

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: November 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 5

From: William H. Rehnquist
To: Conference
Copied: None
On: November 7th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: Potter Stewart
To: William H. Rehnquist
Copied: Conference
On: November 7th, 1972
Action: May Join Majority Opinion
Memos where a justice states the intent to join the majority opinion later (e.g., may join majority; will probably join majority; could join majority; agree tentatively; inclined to join; close to joining; agrees generally; agree with most of opinion; in basic agreement; intend to join; am prepared to join; expect to join; expect to join part of majority opinion; join unless someone else dissents; will join majority opinion if no majority exists; join unless someone else persuades me
Action: May Write Concurring Opinion
A memo where a justice states that he or she may (or will likely) write a concurring opinion; this also applies to opinions that concur in part, concurrences in judgment, or concurrences at foot.

Document 7

From: Potter Stewart
To: Conference
Copied: None
On: November 8th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 8

From: William O. Douglas
To: Conference
Copied: None
On: November 8th, 1972
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 9

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: November 8th, 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 10

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: November 8th, 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 11

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: November 10th, 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 12

From: Potter Stewart
To: Conference
Copied: None
On: November 14th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 13

From: Thurgood Marshall
To: Conference
Copied: None
On: November 17th, 1972
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: November 20th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 15

From: William H. Rehnquist
To: Conference
Copied: None
On: December 13th, 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