Show / Hide Files

Letter Carriers V. Austin (1973)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: November 17th, 1973
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 2

From: Thurgood Marshall
To: Conference
Copied: None
On: January 17th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: January 19th, 1974
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)
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

Document 4

From: Thurgood Marshall
To: Conference
Copied: None
On: January 21st, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: January 21st, 1974
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: 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 6

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: January 22nd, 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 7

From: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: January 22nd, 1974
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: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 8

From: Thurgood Marshall
To: Conference
Copied: None
On: January 24th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 9

From: William O. Douglas
To: Conference
Copied: None
On: January 28th, 1974
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 10

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: January 28th, 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 11

From: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: January 28th, 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 12

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: January 29th, 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 13

From: Thurgood Marshall
To: Conference
Copied: None
On: January 30th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: Thurgood Marshall
To: Conference
Copied: None
On: March 14th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: June 12th, 1974
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 16

From: Thurgood Marshall
To: Conference
Copied: None
On: June 13th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: Lewis F. Powell
To: Conference
Copied: None
On: June 13th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 18

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: June 20th, 1974
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.