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Mississippi V. Arkansas (1973)

 

Document 1

From: William O. Douglas
To: Conference
Copied: None
On: December 11th, 1973
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 2

From: William O. Douglas
To: Conference
Copied: None
On: December 12th, 1973
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 3

From: William H. Rehnquist
To: William O. Douglas
Copied: None
On: December 14th, 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

Document 4

From: William O. Douglas
To: Conference
Copied: None
On: December 22nd, 1973
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 28th, 1973
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 6

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 28th, 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 7

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: Conference
On: December 28th, 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

Document 8

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: None
On: December 28th, 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 9

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: December 28th, 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 10

From: Potter Stewart
To: Harry A. Blackmun
Copied: Conference
On: December 28th, 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 11

From: Byron R. White
To: Harry A. Blackmun
Copied: Conference
On: January 2nd, 1974
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.
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 12

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: Conference
On: January 2nd, 1974
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.
Action: Issue Signed Opinion
Justices expresses view that there is opinion should be signed; wants a majority opinion instead of a per curiam decision or an order; does not want summary disposition on the merits

Document 13

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 2nd, 1974
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 14

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: January 3rd, 1974
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 15

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: January 3rd, 1974
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 16

From: William O. Douglas
To: Conference
Copied: None
On: January 7th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 17

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 7th, 1974
Action: Decree
This refers to a draft decree

Document 18

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 7th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 20th, 1974
Action: Attached Material Relevant to a Case
This may include memos about maps or pictures that will be incorporated in opinion; cover memo to circulation of some relevant non-case material for an opinion (e.g., newspaper article, related lower court opinion); memos may mention extra-court material that might be relevant (e.g., congressional hearings, a statute, other opinions that are somehow (perhaps tangentially) related to case at hand); circulation of clerk’s memo about case

Document 20

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 18th, 1974
Action: Attached Material Relevant to a Case
This may include memos about maps or pictures that will be incorporated in opinion; cover memo to circulation of some relevant non-case material for an opinion (e.g., newspaper article, related lower court opinion); memos may mention extra-court material that might be relevant (e.g., congressional hearings, a statute, other opinions that are somehow (perhaps tangentially) related to case at hand); circulation of clerk’s memo about 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