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United States V. Students Challenging Regulatory Agency Procedures (scrap) (1972)

 

Document 1

From: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: May 15th, 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 2

From: Potter Stewart
To: Conference
Copied: None
On: May 15th, 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 3

From: Potter Stewart
To: Conference
Copied: None
On: May 15th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: William O. Douglas
To: Conference
Copied: None
On: May 16th, 1973
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 5

From: Potter Stewart
To: Conference
Copied: None
On: May 18th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: William O. Douglas
To: Conference
Copied: None
On: May 21st, 1973
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 7

From: William H. Rehnquist
To: Potter Stewart
Copied: Conference
On: May 21st, 1973
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion
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 8

From: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: May 30th, 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 9

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 31st, 1973
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 10

From: Thurgood Marshall
To: Potter Stewart
Copied: Conference
On: June 1st, 1973
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion
Action: May Write Dissenting Opinion
A memo where a justice states that he or she may (or will likely) write a dissenting opinion (e.g., considering a dissent, expects to write dissent, will probably write dissent, may write dissent in part, inclined to dissent, shall likely be in dissent, may not write dissent, and hope not to write dissent)

Document 11

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 4th, 1973
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 12

From: Byron R. White
To: Conference
Copied: None
On: June 4th, 1973
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 13

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: June 5th, 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 14

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: June 6th, 1973
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 15

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

Document 16

From: Potter Stewart
To: Harry A. Blackmun
Copied: William J. Brennan, Jr.
On: June 6th, 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 17

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: None
On: June 6th, 1973
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 18

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: June 6th, 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 19

From: Harry A. Blackmun
To: Potter Stewart
Copied: None
On: June 7th, 1973
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 20

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: June 7th, 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 21

From: William O. Douglas
To: Conference
Copied: None
On: June 7th, 1973
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 22

From: Byron R. White
To: Conference
Copied: None
On: June 7th, 1973
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 23

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 7th, 1973
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 24

From: Thurgood Marshall
To: Conference
Copied: None
On: June 11th, 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 25

From: Potter Stewart
To: Conference
Copied: None
On: June 13th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 26

From: Thurgood Marshall
To: Conference
Copied: None
On: June 14th, 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