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Smith V. Goguen (1973)

 

Document 1

From: William O. Douglas
To: William J. Brennan, Jr., Potter Stewart, Thurgood Marshall
Copied: None
On: November 21st, 1973
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 2

From: William O. Douglas
To: Conference
Copied: None
On: November 21st, 1973
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 3

From: Potter Stewart
To: William O. Douglas
Copied: William J. Brennan, Jr., Thurgood Marshall, Lewis F. Powell
On: November 21st, 1973
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: William O. Douglas
To: William J. Brennan, Jr., Potter Stewart, Thurgood Marshall
Copied: None
On: November 21st, 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
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 5

From: William O. Douglas
To: Warren E. Burger
Copied: Conference
On: November 21st, 1973
Action: May Write Memorandum Opinion
A memo where a justice states that he or she may (or will likely) write a memorandum opinion
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 6

From: Lewis F. Powell
To: William O. Douglas, William J. Brennan, Jr., Potter Stewart
Copied: None
On: November 26th, 1973
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 7

From: William O. Douglas
To: Warren E. Burger
Copied: Conference
On: November 26th, 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 8

From: Lewis F. Powell
To: Conference
Copied: None
On: January 8th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 9

From: William O. Douglas
To: Lewis F. Powell
Copied: Conference
On: January 8th, 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 10

From: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: January 9th, 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: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: January 10th, 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: Thank You Notes
Justices circulate memos thanking another justice for making a change to an opinion or thanking an author for considering a justice's suggestions

Document 12

From: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: January 10th, 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: Lewis F. Powell
To: Conference
Copied: None
On: January 11th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: January 17th, 1974
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 15

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: January 17th, 1974
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 16

From: Byron R. White
To: Conference
Copied: None
On: February 27th, 1974
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 17

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: February 28th, 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)

Document 18

From: Lewis F. Powell
To: Conference
Copied: None
On: March 5th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: William H. Rehnquist
To: Conference
Copied: None
On: March 15th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 20

From: Lewis F. Powell
To: William H. Rehnquist
Copied: None
On: March 15th, 1974
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 21

From: Byron R. White
To: Conference
Copied: None
On: March 19th, 1974
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 22

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 20th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 23

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: March 21st, 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.
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 24

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: March 22nd, 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 25

From: Lewis F. Powell
To: Conference
Copied: None
On: April 8th, 1974
Action: Proposes Disposition of Held Cases
Memo lists cases held for an opinion and gives cert votes or votes on the merits for the held cases; justice may state that held cases should be discussed at conference
Action: Hold Case
Justice would hold case for another case; proposes holding this case for another case; suggests an opinion be held over for the next term (e.g., maybe we should hold over); memo about consolidating cases