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Gilmore V. Montgomery (1973)

 

Document 1

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 22nd, 1974
Action: Will Write Memorandum Opinion
A memo where a justice states that he or she will circulate a memorandum opinion draft, including that a memorandum opinion will be out soon or that a revised draft of the memorandum opinion will be circulated

Document 2

From: Warren E. Burger
To: Conference
Copied: None
On: January 23rd, 1974
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: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 5th, 1974
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 4

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: February 6th, 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 5

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: Conference
On: February 6th, 1974
Action: Join Memorandum Opinion (written by non-assigned author)
Memos where a justice states that he or she joins a memorandum opinion that is written by a non-assigned author.

Document 6

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: February 11th, 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: 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

Document 7

From: Warren E. Burger
To: Byron R. White
Copied: Harry A. Blackmun
On: February 12th, 1974
Action: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice

Document 8

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: February 12th, 1974
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.

Document 9

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: February 19th, 1974
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

Document 10

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: February 19th, 1974
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
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 11

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 20th, 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 12

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 20th, 1974
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 13

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: May 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: Byron R. White
To: Harry A. Blackmun
Copied: Conference
On: May 23rd, 1974
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
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 15

From: Potter Stewart
To: Harry A. Blackmun
Copied: Conference
On: May 27th, 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 16

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Potter Stewart
On: May 28th, 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 17

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: Conference
On: May 28th, 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 18

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: Conference
On: May 28th, 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 19

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: None
On: May 28th, 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

Document 20

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: May 28th, 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: Harry A. Blackmun
To: Conference
Copied: None
On: May 28th, 1974
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 22

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: May 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 23

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 4th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 24

From: Harry A. Blackmun
To: Byron R. White
Copied: None
On: June 4th, 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 25

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: June 4th, 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 26

From: Harry A. Blackmun
To: Warren E. Burger, Potter Stewart, Lewis F. Powell
Copied: None
On: June 4th, 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 27

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: June 5th, 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 28

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 5th, 1974
Action: Will Write "Separate Opinion"
A memo where a justice states that he or she will circulate a "separate opinion" draft, including that a "separate opinion" will be out soon or that a revised draft of the "separate opinion" will be circulated

Document 29

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 6th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 30

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: Conference
On: June 6th, 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 31

From: Byron R. White
To: Conference
Copied: None
On: June 6th, 1974
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 32

From: William O. Douglas
To: Byron R. White
Copied: Conference
On: June 6th, 1974
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 33

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: June 6th, 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 34

From: Byron R. White
To: Conference
Copied: None
On: June 7th, 1974
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 35

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 10th, 1974
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 36

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 11th, 1974
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 37

From: Potter Stewart
To: Harry A. Blackmun
Copied: Warren E. Burger, Lewis F. Powell, William H. Rehnquist
On: June 12th, 1974
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 38

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: Warren E. Burger, Potter Stewart, William H. Rehnquist
On: June 12th, 1974
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 39

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: Warren E. Burger, Potter Stewart, Lewis F. Powell
On: June 12th, 1974
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 40

From: Thurgood Marshall
To: Conference
Copied: None
On: June 12th, 1974
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 41

From: Harry A. Blackmun
To: Warren E. Burger, Potter Stewart, Lewis F. Powell
Copied: None
On: June 12th, 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 42

From: Harry A. Blackmun
To: William O. Douglas, William J. Brennan, Jr., Byron R. White
Copied: None
On: June 12th, 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 43

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Potter Stewart, Lewis F. Powell, William H. Rehnquist
On: June 13th, 1974
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority opinion).

Document 44

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 13th, 1974
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 45

From: Thurgood Marshall
To: Conference
Copied: None
On: June 13th, 1974
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 46

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 13th, 1974
Action: Majority Opinion
This refers to a majority opinion draft