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Doe V. Mcmillan (1972)

 

Document 1

From: William O. Douglas
To:
Copied: None
On: None provided.
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 2

From: William O. Douglas
To:
Copied: None
On: None provided.
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 3

From: William O. Douglas
To:
Copied: None
On: None provided.
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 4

From: William O. Douglas
To:
Copied: None
On: None provided.
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 5

From: William O. Douglas
To: William J. Brennan, Jr., Byron R. White
Copied: None
On: December 16th, 1972
Action: Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)
Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)

Document 6

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: None
On: December 21st, 1972
Action: Suggestion to Memorandum Opinion (Author is not Assigned Justice)
This includes memos with suggestions and specific or general reservations to a memorandum opinion (or per curiam) not written by assigned opinion author; memos expressing agreement with another justice’s suggestion to the memorandum opinion; statements that justice disagrees with a memorandum opinion. The identity of the memorandum opinion author who receives suggestion is located in the JOINED variable.

Document 7

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: Byron R. White
On: December 21st, 1972
Action: Suggestion to Memorandum Opinion (Author is not Assigned Justice)
This includes memos with suggestions and specific or general reservations to a memorandum opinion (or per curiam) not written by assigned opinion author; memos expressing agreement with another justice’s suggestion to the memorandum opinion; statements that justice disagrees with a memorandum opinion. The identity of the memorandum opinion author who receives suggestion is located in the JOINED variable.
Action: Memo Regarding Meeting Time, Place or Agenda
Memo may suggest that the justice talk or discuss an issue at conference; memo may maintain that no further conference discussion is needed; memo may state that a justice will be away

Document 8

From: Byron R. White
To: William O. Douglas
Copied: William J. Brennan, Jr.
On: December 21st, 1972
Action: Suggestion to Memorandum Opinion (Author is not Assigned Justice)
This includes memos with suggestions and specific or general reservations to a memorandum opinion (or per curiam) not written by assigned opinion author; memos expressing agreement with another justice’s suggestion to the memorandum opinion; statements that justice disagrees with a memorandum opinion. The identity of the memorandum opinion author who receives suggestion is located in the JOINED variable.

Document 9

From: William O. Douglas
To: William J. Brennan, Jr., Thurgood Marshall, Lewis F. Powell
Copied: None
On: December 22nd, 1972
Action: Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)
Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)

Document 10

From: Byron R. White
To: William O. Douglas
Copied: None
On: December 22nd, 1972
Action: Suggestion to Memorandum Opinion (Author is not Assigned Justice)
This includes memos with suggestions and specific or general reservations to a memorandum opinion (or per curiam) not written by assigned opinion author; memos expressing agreement with another justice’s suggestion to the memorandum opinion; statements that justice disagrees with a memorandum opinion. The identity of the memorandum opinion author who receives suggestion is located in the JOINED variable.

Document 11

From: William O. Douglas
To: William J. Brennan, Jr., Thurgood Marshall, Lewis F. Powell
Copied: None
On: December 22nd, 1972
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 12

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: None
On: December 27th, 1972
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 13

From: William O. Douglas
To: Byron R. White
Copied: None
On: December 28th, 1972
Action: Memorandum Opinion Author's Response (not assigned author)
Memorandum Opinion Author's Response (not assigned author)
Action: Memo Regarding Meeting Time, Place or Agenda
Memo may suggest that the justice talk or discuss an issue at conference; memo may maintain that no further conference discussion is needed; memo may state that a justice will be away

Document 14

From: William O. Douglas
To: Warren E. Burger
Copied: Conference
On: January 2nd, 1973
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 15

From: William O. Douglas
To: Byron R. White
Copied: None
On: January 2nd, 1973
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
Action: Memo Regarding Meeting Time, Place or Agenda
Memo may suggest that the justice talk or discuss an issue at conference; memo may maintain that no further conference discussion is needed; memo may state that a justice will be away

Document 16

From: Thurgood Marshall
To: William O. Douglas
Copied: William J. Brennan, Jr., Byron R. White, Lewis F. Powell
On: January 3rd, 1973
Action: May Join Memorandum Opinion (Author is not Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion (or per curiam opinion) written by a justice who was not assigned the opinion (e.g., agree and will join if it becomes opinion; agree with suggested order). The identity of the justice whose opinion is endorsed is located in the JOINED variable.

Document 17

From: Byron R. White
To: William O. Douglas, William J. Brennan, Jr., Thurgood Marshall
Copied: None
On: January 29th, 1973
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 18

From: William O. Douglas
To: William J. Brennan, Jr., Byron R. White, Thurgood Marshall
Copied: None
On: February 19th, 1973
Action: Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)
Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)

Document 19

From: Lewis F. Powell
To: William O. Douglas
Copied: Thurgood Marshall, William J. Brennan, Jr., Byron R. White
On: February 20th, 1973
Action: Undecided
Justice states that he or she is undecided, including phrases like not ready to commit, need more time, not at rest, or to consider further

Document 20

From: Byron R. White
To: William O. Douglas
Copied: William J. Brennan, Jr., Thurgood Marshall, Lewis F. Powell
On: February 20th, 1973
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 21

From: William O. Douglas
To: Byron R. White
Copied: William J. Brennan, Jr., Thurgood Marshall, Lewis F. Powell
On: February 20th, 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 22

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: None
On: February 21st, 1973
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 23

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: None
On: February 22nd, 1973
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 24

From: Thurgood Marshall
To: William O. Douglas
Copied: Conference
On: February 27th, 1973
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 25

From: Byron R. White
To: Conference
Copied: None
On: February 27th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 26

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: February 27th, 1973
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 27

From: Byron R. White
To: Conference
Copied: None
On: February 28th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 28

From: William O. Douglas
To: Conference
Copied: None
On: February 28th, 1973
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 29

From: Warren E. Burger
To: William H. Rehnquist
Copied: None
On: March 7th, 1973
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: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 30

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: March 7th, 1973
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 31

From: William H. Rehnquist
To: Conference
Copied: None
On: March 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 32

From: Lewis F. Powell
To: Byron R. White
Copied: None
On: March 10th, 1973
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: 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 33

From: Byron R. White
To: Lewis F. Powell
Copied: None
On: March 13th, 1973
Action: Majority Opinion Author's Response
May be response to a suggestion, reservation, or a separate opinion; may also say that author will respond to another opinion; may state majority opinion author's change to opinion that was not prompted by another justice; may indicate that the opinion is different from the conference discussion; may be a circulation of a portion of the opinion (a footnote, multiple pages without circulating the whole opinion); may be a suggestion from the majority opinion author regarding several options for changing majority opinion; may be a suggestion from the author for a change that could be made to opinion

Document 34

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: March 14th, 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 35

From: Byron R. White
To: Conference
Copied: None
On: March 14th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 36

From: Potter Stewart
To: William H. Rehnquist
Copied: Conference
On: March 14th, 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 37

From: William H. Rehnquist
To: Conference
Copied: None
On: March 15th, 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 38

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: March 19th, 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 39

From: William H. Rehnquist
To: Conference
Copied: None
On: March 20th, 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 40

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: Conference
On: March 23rd, 1973
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 41

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 30th, 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 42

From: Byron R. White
To: Conference
Copied: None
On: April 12th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 43

From: Warren E. Burger
To: Conference
Copied: None
On: May 4th, 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 44

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 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 45

From: Byron R. White
To: Conference
Copied: None
On: May 24th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 46

From: Byron R. White
To: William O. Douglas, William J. Brennan, Jr., Thurgood Marshall
Copied: None
On: May 24th, 1973
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 47

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 25th, 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 48

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

Document 49

From: William J. Brennan, Jr.
To: Byron R. White
Copied: None
On: May 25th, 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 50

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: May 25th, 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 51

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 28th, 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