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Renegotiation Board V. Bannercraft Clothing Co. (1973)

 

Document 1

From: Lewis F. Powell
To: Conference
Copied: None
On: October 17th, 1973
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 2

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: October 18th, 1973
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 3

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 9th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: William O. Douglas
To: Conference
Copied: None
On: January 10th, 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: Byron R. White
To: Harry A. Blackmun
Copied: Conference
On: January 10th, 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 6

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: January 11th, 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: William O. Douglas
To: Conference
Copied: None
On: January 14th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 8

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: None
On: January 14th, 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 9

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: Conference
On: January 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 10

From: William O. Douglas
To: Conference
Copied: None
On: January 15th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 11

From: Lewis F. Powell
To: William O. Douglas
Copied: Conference
On: January 15th, 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 12

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 18th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: Potter Stewart
To: William O. Douglas
Copied: Conference
On: January 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 14

From: Thurgood Marshall
To: William O. Douglas
Copied: Conference
On: January 22nd, 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 15

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: January 22nd, 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: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 16

From: William O. Douglas
To: Conference
Copied: None
On: January 22nd, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 17

From: Harry A. Blackmun
To: Warren E. Burger
Copied: None
On: January 23rd, 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 18

From: William O. Douglas
To: Conference
Copied: None
On: January 24th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: William O. Douglas
To: Conference
Copied: None
On: January 31st, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 20

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 31st, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 21

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: February 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 22

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: February 13th, 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 23

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 13th, 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 24

From: Harry A. Blackmun
To: Warren E. Burger
Copied: None
On: February 13th, 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: Conference
Copied: None
On: February 13th, 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 26

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 19th, 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