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Speight V. Slayton (1973)

 

Document 1

From: Byron R. White
To: William O. Douglas
Copied: William J. Brennan, Jr.
On: January 17th, 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 2

From: William O. Douglas
To: Warren E. Burger
Copied: Conference
On: January 18th, 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 O. Douglas
To: Conference
Copied: None
On: January 24th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: William H. Rehnquist
To: William O. Douglas
Copied: Conference
On: January 25th, 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 5

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: None
On: January 25th, 1974
Action: Will Not Write "Separate Opinion"
A memo where a justice states that he or she will not write a "separate 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 6

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: Conference
On: January 25th, 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: Potter Stewart
To: William O. Douglas
Copied: Conference
On: January 28th, 1974
Action: May Write Concurring Opinion
A memo where a justice states that he or she may (or will likely) write a concurring opinion; this also applies to opinions that concur in part, concurrences in judgment, or concurrences at foot.

Document 8

From: Potter Stewart
To: Conference
Copied: None
On: January 30th, 1974
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 9

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: January 30th, 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 10

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: None
On: January 31st, 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 11

From: Byron R. White
To: Potter Stewart
Copied: Conference
On: January 31st, 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 12

From: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: January 31st, 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 13

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

Document 14

From: Potter Stewart
To: Conference
Copied: None
On: February 1st, 1974
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 15

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: Conference
On: February 1st, 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 16

From: Potter Stewart
To: Conference
Copied: None
On: February 5th, 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: 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 17

From: William O. Douglas
To: Conference
Copied: None
On: February 5th, 1974
Action: Will Circulate Majority Opinion
A memo where a justice states that he or she will circulate a majority opinion draft, including that an opinion will be out soon or that the author will revise majority opinion without stating the changes

Document 18

From: William O. Douglas
To: Conference
Copied: None
On: February 6th, 1974
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 19

From: Potter Stewart
To: William O. Douglas
Copied: Conference
On: February 7th, 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 20

From: William O. Douglas
To: Conference
Copied: None
On: February 7th, 1974
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 21

From: Byron R. White
To: William O. Douglas
Copied: Conference
On: February 8th, 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 22

From: Lewis F. Powell
To: William O. Douglas
Copied: Conference
On: February 8th, 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 23

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: None
On: February 9th, 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

Document 24

From: Harry A. Blackmun
To: William O. Douglas
Copied: Conference
On: February 11th, 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 25

From: William O. Douglas
To: Conference
Copied: None
On: February 11th, 1974
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 26

From: William O. Douglas
To: Conference
Copied: None
On: February 11th, 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

Document 27

From: Thurgood Marshall
To: William O. Douglas
Copied: Conference
On: February 12th, 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 28

From: William H. Rehnquist
To: William O. Douglas
Copied: Conference
On: February 12th, 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 29

From: Warren E. Burger
To: William O. Douglas
Copied: Conference
On: February 14th, 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 30

From: William O. Douglas
To: Warren E. Burger
Copied: None
On: February 21st, 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

Document 31

From: William O. Douglas
To: Conference
Copied: None
On: March 7th, 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