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United States V. Kras (1972)

 

Document 1

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: None provided.
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 2

From: William O. Douglas
To: Potter Stewart
Copied: None
On: October 25th, 1972
Action: Dissent Opinion Assignment
The memo may ask another justice to write a dissent; a justice may indicate that the dissent will not be assigned right now; memo responding to a dissent assignment (but not accepting assignment, which would be Code 204)

Document 3

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: Conference
On: December 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 4

From: Potter Stewart
To: Conference
Copied: None
On: December 6th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 5

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 6th, 1972
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 6

From: Byron R. White
To: Harry A. Blackmun
Copied: None
On: December 7th, 1972
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 7

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: Conference
On: December 7th, 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: Potter Stewart
To: Conference
Copied: None
On: December 8th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 9

From: Harry A. Blackmun
To: Byron R. White
Copied: None
On: December 8th, 1972
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 10

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

Document 11

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 8th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: William O. Douglas
To: Conference
Copied: None
On: December 11th, 1972
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 13

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: Conference
On: December 11th, 1972
Action: Join "Separate Opinion"
Memos where a justice joins an unlabeled opinion or a "separate opinion"; this does not include joinder of dissent or concurring opinions

Document 14

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 11th, 1972
Action: Withdraw Dissenting Opinion
This includes withdrawn dissents in part and dissents at foot
Action: Join "Separate Opinion"
Memos where a justice joins an unlabeled opinion or a "separate opinion"; this does not include joinder of dissent or concurring opinions

Document 15

From: Potter Stewart
To: Conference
Copied: None
On: December 11th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 16

From: Thurgood Marshall
To: Conference
Copied: None
On: December 11th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 17

From: Byron R. White
To: Harry A. Blackmun
Copied: None
On: December 14th, 1972
Action: Will Not Write "Separate Opinion"
A memo where a justice states that he or she will not write a "separate opinion"
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 18

From: Byron R. White
To: Harry A. Blackmun
Copied: Conference
On: December 15th, 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 19

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 8th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 20

From: Warren E. Burger
To: Conference
Copied: None
On: January 8th, 1973
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 21

From: Potter Stewart
To: Harry A. Blackmun
Copied: None
On: January 8th, 1973
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion

Document 22

From: Harry A. Blackmun
To: Warren E. Burger
Copied: None
On: January 8th, 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 23

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: January 8th, 1973
Action: Concurring Opinion Author's Response
May be response to a suggestion, the majority opinion, 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