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United States V. Falstaff Brewing Corp. (1972)

 

Document 1

From: Thurgood Marshall
To: Conference
Copied: None
On: November 17th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: None
On: November 17th, 1972
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 3

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: November 17th, 1972
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 4

From: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: November 20th, 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
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 5

From: Thurgood Marshall
To: Byron R. White
Copied: None
On: November 28th, 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 6

From: Thurgood Marshall
To: Byron R. White
Copied: None
On: November 30th, 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 7

From: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: November 30th, 1972
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 8

From: William H. Rehnquist
To: Conference
Copied: None
On: December 12th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 9

From: Potter Stewart
To: William H. Rehnquist
Copied: Conference
On: December 13th, 1972
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.
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 10

From: Byron R. White
To: Conference
Copied: None
On: December 15th, 1972
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 11

From: Thurgood Marshall
To: Conference
Copied: None
On: December 18th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: December 18th, 1972
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 13

From: William O. Douglas
To: Conference
Copied: None
On: December 18th, 1972
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 14

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: December 22nd, 1972
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 15

From: Byron R. White
To: Conference
Copied: None
On: January 26th, 1973
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 16

From: William O. Douglas
To: Conference
Copied: None
On: January 29th, 1973
Action: Concur in Part
This refers to a concurring opinion draft that concurs in part of the majority

Document 17

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: January 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 18

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: February 1st, 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 19

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: February 5th, 1973
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 20

From: William O. Douglas
To: Conference
Copied: None
On: February 9th, 1973
Action: Concur in Part
This refers to a concurring opinion draft that concurs in part of the majority

Document 21

From: Thurgood Marshall
To: Conference
Copied: None
On: February 12th, 1973
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 22

From: Byron R. White
To: Conference
Copied: None
On: February 14th, 1973
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 23

From: William H. Rehnquist
To: Conference
Copied: None
On: February 15th, 1973
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 24

From: Potter Stewart
To: William H. Rehnquist
Copied: Conference
On: February 15th, 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 25

From: Potter Stewart
To: William O. Douglas
Copied: Conference
On: February 16th, 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 26

From: Byron R. White
To: William O. Douglas
Copied: None
On: February 16th, 1973
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion
Action: Memorandum Opinion Author's Response (not assigned author)
Memorandum Opinion Author's Response (not assigned author)

Document 27

From: Thurgood Marshall
To: Conference
Copied: None
On: February 16th, 1973
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 28

From: Byron R. White
To: Conference
Copied: None
On: February 16th, 1973
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 29

From: William O. Douglas
To: Conference
Copied: None
On: February 19th, 1973
Action: Concur in Part
This refers to a concurring opinion draft that concurs in part of the majority

Document 30

From: Byron R. White
To: Conference
Copied: None
On: February 20th, 1973
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 31

From: Thurgood Marshall
To: Conference
Copied: None
On: February 22nd, 1973
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 32

From: William H. Rehnquist
To: Conference
Copied: None
On: February 26th, 1973
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 33

From: Byron R. White
To: Conference
Copied: None
On: February 26th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 34

From: William O. Douglas
To: Conference
Copied: None
On: February 27th, 1973
Action: Concur in Part
This refers to a concurring opinion draft that concurs in part of the majority