Show / Hide Files

Communist Party Of Indiana V. Whitcomb (1973)

 

Document 1

From: William O. Douglas
To: Warren E. Burger
Copied: Conference
On: October 19th, 1973
Action: Majority Opinion Assignment
This may be an assignment of either the majority opinion or a memorandum opinion; memo may state that a justice has agreed to undertake the opinion of the Court; memo reassigns the case

Document 2

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: Conference
On: November 21st, 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 3

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 21st, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: November 23rd, 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 5

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 26th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: November 27th, 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: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: November 27th, 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: William J. Brennan, Jr.
Copied: Conference
On: November 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 9

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: November 30th, 1973
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
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 10

From: Lewis F. Powell
To: Conference
Copied: None
On: December 10th, 1973
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 11

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Warren E. Burger, Harry A. Blackmun
On: December 14th, 1973
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 12

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: December 17th, 1973
Action: Concur in Judgment at Foot
This refers to a letter where a justice asks that a concurrence in judgment or the result be noted at the foot of an opinion, including a concur in judgment or result in part at foot

Document 13

From: Lewis F. Powell
To: Conference
Copied: None
On: December 17th, 1973
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 14

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: December 18th, 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 15

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 18th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: December 18th, 1973
Action: Withdraw Concurring Opinion
This includes withdrawn concurrences in part, concurrence in judgment, and concurrence at foot
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 17

From: Lewis F. Powell
To: Conference
Copied: None
On: December 19th, 1973
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 18

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: December 20th, 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 19

From: Lewis F. Powell
To: Conference
Copied: None
On: December 27th, 1973
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 20

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 28th, 1973
Action: Majority Opinion
This refers to a majority opinion draft