Show / Hide Files

Edelman V. Jordan (1973)

 

Document 1

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: December 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: Warren E. Burger
To: William H. Rehnquist
Copied: None
On: December 17th, 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 3

From: Warren E. Burger
To: Conference
Copied: None
On: December 18th, 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 4

From: William H. Rehnquist
To: Conference
Copied: None
On: January 14th, 1974
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 5

From: William O. Douglas
To: Conference
Copied: None
On: January 14th, 1974
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 6

From: William H. Rehnquist
To: Conference
Copied: None
On: January 14th, 1974
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 O. Douglas
To: Conference
Copied: None
On: January 15th, 1974
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 8

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: None
On: January 16th, 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 9

From: William H. Rehnquist
To: Conference
Copied: None
On: January 17th, 1974
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 10

From: Lewis F. Powell
To: William O. Douglas, William H. Rehnquist
Copied: None
On: January 19th, 1974
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 11

From: William O. Douglas
To: Conference
Copied: None
On: January 21st, 1974
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 12

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: January 22nd, 1974
Action: May Join Memorandum Opinion (Author is Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion drafted by the assigned opinion author (e.g., could go along with memorandum opinion; agrees generally with memorandum opinion; agree tentatively with memorandum opinion; will join memorandum opinion if it becomes majority opinion)

Document 13

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: January 22nd, 1974
Action: May Join Memorandum Opinion (Author is Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion drafted by the assigned opinion author (e.g., could go along with memorandum opinion; agrees generally with memorandum opinion; agree tentatively with memorandum opinion; will join memorandum opinion if it becomes majority opinion)

Document 14

From: Thurgood Marshall
To: Conference
Copied: None
On: January 23rd, 1974
Action: May Join Memorandum Opinion (Author is not Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion (or per curiam opinion) written by a justice who was not assigned the opinion (e.g., agree and will join if it becomes opinion; agree with suggested order). The identity of the justice whose opinion is endorsed is located in the JOINED variable.

Document 15

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 29th, 1974
Action: May Join Memorandum Opinion (Author is Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion drafted by the assigned opinion author (e.g., could go along with memorandum opinion; agrees generally with memorandum opinion; agree tentatively with memorandum opinion; will join memorandum opinion if it becomes majority opinion)
Action: May Join Memorandum Opinion (Author is not Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion (or per curiam opinion) written by a justice who was not assigned the opinion (e.g., agree and will join if it becomes opinion; agree with suggested order). The identity of the justice whose opinion is endorsed is located in the JOINED variable.
Action: Suggestion to Memorandum Opinion (Author is not Assigned Justice)
This includes memos with suggestions and specific or general reservations to a memorandum opinion (or per curiam) not written by assigned opinion author; memos expressing agreement with another justice’s suggestion to the memorandum opinion; statements that justice disagrees with a memorandum opinion. The identity of the memorandum opinion author who receives suggestion is located in the JOINED variable.

Document 16

From: William O. Douglas
To: Conference
Copied: None
On: February 1st, 1974
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 17

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 5th, 1974
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 18

From: William O. Douglas
To: Conference
Copied: None
On: February 12th, 1974
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 19

From: William H. Rehnquist
To: Conference
Copied: None
On: February 13th, 1974
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 20

From: Potter Stewart
To: William H. Rehnquist
Copied: Conference
On: February 19th, 1974
Action: May Join Memorandum Opinion (Author is Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion drafted by the assigned opinion author (e.g., could go along with memorandum opinion; agrees generally with memorandum opinion; agree tentatively with memorandum opinion; will join memorandum opinion if it becomes majority opinion)
Action: Will Write Concurring Opinion
A memo where a justice states that he or she will circulate a concurring opinion draft, including that a concurring opinion will be out soon or that a revised draft of the concurring opinion will be circulated; this may also apply to opinions that concur in part or concur in the judgment or result

Document 21

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: February 19th, 1974
Action: May Join Memorandum Opinion (Author is Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion drafted by the assigned opinion author (e.g., could go along with memorandum opinion; agrees generally with memorandum opinion; agree tentatively with memorandum opinion; will join memorandum opinion if it becomes 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 22

From: Potter Stewart
To: William H. Rehnquist
Copied: Conference
On: February 20th, 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: Will Not Write "Separate Opinion"
A memo where a justice states that he or she will not write a "separate opinion"

Document 23

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: February 26th, 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 24

From: William H. Rehnquist
To: Conference
Copied: None
On: February 26th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 25

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: February 26th, 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 26

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 27th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 27

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: March 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 28

From: Thurgood Marshall
To: Conference
Copied: None
On: March 12th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 29

From: William O. Douglas
To: Conference
Copied: None
On: March 13th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 30

From: Thurgood Marshall
To: Conference
Copied: None
On: March 13th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 31

From: William H. Rehnquist
To: Conference
Copied: None
On: March 14th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 32

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: March 18th, 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 33

From: William O. Douglas
To: Conference
Copied: None
On: March 19th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 34

From: William H. Rehnquist
To: Conference
Copied: None
On: April 3rd, 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