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Spence V. Washington (1973)

 

Document 1

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 2

From: William O. Douglas
To: Conference
Copied: None
On: January 17th, 1974
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 3

From: Warren E. Burger
To: Conference
Copied: None
On: May 29th, 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 4

From: Warren E. Burger
To: Conference
Copied: None
On: May 29th, 1974
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 5

From: William O. Douglas
To: Warren E. Burger
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.
Action: Concur at Foot
This refers to a letter where a justice asks that a concurrence (or a concurrence in part) be noted at the foot of an opinion

Document 6

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: May 29th, 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: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: May 31st, 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: Conference
Copied: None
On: June 3rd, 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 9

From: Warren E. Burger
To: William O. Douglas
Copied: None
On: June 4th, 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 10

From: William O. Douglas
To: Warren E. Burger
Copied: Conference
On: June 4th, 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 11

From: Lewis F. Powell
To: Conference
Copied: None
On: June 12th, 1974
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 12

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: June 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.
Action: Issue Signed Opinion
Justices expresses view that there is opinion should be signed; wants a majority opinion instead of a per curiam decision or an order; does not want summary disposition on the merits

Document 13

From: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: June 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.
Action: Issue Signed Opinion
Justices expresses view that there is opinion should be signed; wants a majority opinion instead of a per curiam decision or an order; does not want summary disposition on the merits

Document 14

From: Lewis F. Powell
To: Conference
Copied: None
On: June 13th, 1974
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 15

From: William O. Douglas
To: Lewis F. Powell
Copied: Conference
On: June 13th, 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: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: June 13th, 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: Issue Signed Opinion
Justices expresses view that there is opinion should be signed; wants a majority opinion instead of a per curiam decision or an order; does not want summary disposition on the merits

Document 17

From: William H. Rehnquist
To: Conference
Copied: None
On: June 13th, 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: William H. Rehnquist
To: Conference
Copied: None
On: June 18th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: June 19th, 1974
Action: Concur in Judgment at Foot
This refers to a letter where a justice asks that a concurrence in judgment or the result be noted at the foot of an opinion, including a concur in judgment or result in part at foot

Document 20

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: June 19th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 21

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

Document 22

From: Lewis F. Powell
To: Conference
Copied: None
On: June 19th, 1974
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 23

From: William H. Rehnquist
To: Conference
Copied: None
On: June 19th, 1974
Action: Cover Memo to Separate Opinion
This indicates a cover memo to any separate opinion, including concurring, dissenting, or any other type of separate opinion

Document 24

From: Warren E. Burger
To: Conference
Copied: None
On: June 20th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 25

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: June 20th, 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 26

From: Lewis F. Powell
To: Conference
Copied: None
On: June 20th, 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: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: June 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.

Document 28

From: William H. Rehnquist
To: Conference
Copied: None
On: June 21st, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form