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Atchison, Topeka & Santa Fe Railway Co V. Wichita Board Of Trade (1972)

 

Document 1

From: Thurgood Marshall
To: Conference
Copied: None
On: March 30th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Thurgood Marshall
To: Conference
Copied: None
On: April 2nd, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: April 2nd, 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 4

From: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: April 2nd, 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 5

From: William O. Douglas
To: Conference
Copied: None
On: April 5th, 1973
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 6

From: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: May 8th, 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: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: May 9th, 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 8

From: Thurgood Marshall
To: Conference
Copied: None
On: May 9th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 9

From: Thurgood Marshall
To: Conference
Copied: None
On: May 17th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: Thurgood Marshall
To: Conference
Copied: None
On: May 23rd, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 11

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: May 24th, 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 12

From: Byron R. White
To: Conference
Copied: None
On: May 29th, 1973
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: May 30th, 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 14

From: Thurgood Marshall
To: Conference
Copied: None
On: May 31st, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: Byron R. White
To: Conference
Copied: None
On: June 2nd, 1973
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 16

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: June 5th, 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 17

From: Thurgood Marshall
To: Conference
Copied: None
On: June 6th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 18

From: Byron R. White
To: Conference
Copied: None
On: June 6th, 1973
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: William O. Douglas
To: Conference
Copied: None
On: June 7th, 1973
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 20

From: Warren E. Burger
To: Conference
Copied: None
On: June 14th, 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 21

From: William H. Rehnquist
To: Thurgood Marshall
Copied: Conference
On: June 14th, 1973
Action: Vote Line-Up
This includes a copy of the suggested vote line-up in case (for final vote coalitions in case); this does not include memos about opinion writing, but only refers to how the vote will be reported on the final opinion

Document 22

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: June 14th, 1973
Action: Vote Line-Up
This includes a copy of the suggested vote line-up in case (for final vote coalitions in case); this does not include memos about opinion writing, but only refers to how the vote will be reported on the final opinion

Document 23

From: Thurgood Marshall
To: Conference
Copied: None
On: June 14th, 1973
Action: Vote Line-Up
This includes a copy of the suggested vote line-up in case (for final vote coalitions in case); this does not include memos about opinion writing, but only refers to how the vote will be reported on the final opinion

Document 24

From: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: June 14th, 1973
Action: Vote Line-Up
This includes a copy of the suggested vote line-up in case (for final vote coalitions in case); this does not include memos about opinion writing, but only refers to how the vote will be reported on the final opinion

Document 25

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: June 14th, 1973
Action: Vote Line-Up
This includes a copy of the suggested vote line-up in case (for final vote coalitions in case); this does not include memos about opinion writing, but only refers to how the vote will be reported on the final opinion

Document 26

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: June 14th, 1973
Action: Dissenting Opinion Author's Response
May be a response to a suggestion, majority opinion, or 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