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Nlrb V. Bell Aerospace Co. (1973)

 

Document 1

From: Lewis F. Powell
To: Conference
Copied: None
On: March 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 2

From: Lewis F. Powell
To: Conference
Copied: None
On: March 12th, 1974
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 3

From: William O. Douglas
To: Lewis F. Powell
Copied: Conference
On: March 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)
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 4

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: March 14th, 1974
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion
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 5

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: March 18th, 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 6

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: March 21st, 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 7

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: March 21st, 1974
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 8

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: March 26th, 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 9

From: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: April 2nd, 1974
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 10

From: Byron R. White
To: Conference
Copied: None
On: April 3rd, 1974
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 11

From: William J. Brennan, Jr.
To: Byron R. White
Copied: None
On: April 4th, 1974
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 12

From: Lewis F. Powell
To: Conference
Copied: None
On: April 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 13

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: April 4th, 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 14

From: Lewis F. Powell
To: Conference
Copied: None
On: April 8th, 1974
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 15

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: April 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 16

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: April 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 17

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: April 10th, 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 18

From: Lewis F. Powell
To: Conference
Copied: None
On: April 10th, 1974
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 19

From: William O. Douglas
To: Lewis F. Powell
Copied: Conference
On: April 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 20

From: Byron R. White
To: Conference
Copied: None
On: April 11th, 1974
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 21

From: Lewis F. Powell
To: William O. Douglas
Copied: Conference
On: April 11th, 1974
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion

Document 22

From: Byron R. White
To: Conference
Copied: None
On: April 12th, 1974
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 23

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: April 15th, 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 O. Douglas
To: Lewis F. Powell
Copied: None
On: April 15th, 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).
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 25

From: Lewis F. Powell
To: Conference
Copied: None
On: April 17th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 26

From: William O. Douglas
To: Lewis F. Powell
Copied: Conference
On: April 17th, 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 27

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: April 17th, 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 28

From: Potter Stewart
To: Byron R. White
Copied: Conference
On: April 18th, 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 29

From: Lewis F. Powell
To: Conference
Copied: None
On: April 20th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 30

From: Lewis F. Powell
To: Conference
Copied: None
On: May 2nd, 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