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Memorial Hospital V. Maricopa County (1973)

 

Document 1

From: Thurgood Marshall
To: Conference
Copied: None
On: January 10th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Thurgood Marshall
To: Conference
Copied: None
On: January 14th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: January 14th, 1974
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
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: William H. Rehnquist
To: Thurgood Marshall
Copied: Conference
On: January 14th, 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: Thurgood Marshall
Copied: Conference
On: January 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 6

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: January 16th, 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: Thurgood Marshall
To: Conference
Copied: None
On: January 17th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: January 17th, 1974
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 9

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: January 18th, 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: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: January 22nd, 1974
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 11

From: William H. Rehnquist
To: Conference
Copied: None
On: January 30th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: January 31st, 1974
Action: Will Write Concurring Opinion
A memo where a justice states that he or she will circulate a concurring opinion draft, including that a concurring opinion will be out soon or that a revised draft of the concurring opinion will be circulated; this may also apply to opinions that concur in part or concur in the judgment or result
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 13

From: Thurgood Marshall
To: Conference
Copied: None
On: February 1st, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: February 4th, 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: 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: Thurgood Marshall
To: Conference
Copied: None
On: February 5th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: William O. Douglas
To: Conference
Copied: None
On: February 7th, 1974
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 17

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: February 8th, 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 18

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: February 8th, 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 19

From: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: February 22nd, 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