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National Cable Television Association V. United States (1973)

 

Document 1

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: November 10th, 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: William O. Douglas
To: Conference
Copied: None
On: December 27th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Lewis F. Powell
To: William O. Douglas
Copied: Conference
On: December 27th, 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 4

From: Harry A. Blackmun
To: William O. Douglas
Copied: Conference
On: December 28th, 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 5

From: William O. Douglas
To: Conference
Copied: None
On: January 2nd, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: Byron R. White
To: William O. Douglas
Copied: Conference
On: January 2nd, 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 J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: January 4th, 1974
Action: Dissent Opinion Assignment
The memo may ask another justice to write a dissent; a justice may indicate that the dissent will not be assigned right now; memo responding to a dissent assignment (but not accepting assignment, which would be Code 204)

Document 8

From: William H. Rehnquist
To: William O. Douglas
Copied: Conference
On: January 7th, 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 9

From: Potter Stewart
To: William O. Douglas
Copied: Conference
On: January 7th, 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 9th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 11

From: Thurgood Marshall
To: Conference
Copied: None
On: January 17th, 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 12

From: Thurgood Marshall
To: Conference
Copied: None
On: February 20th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 13

From: Warren E. Burger
To: William O. Douglas
Copied: Conference
On: February 21st, 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 14

From: William O. Douglas
To: Conference
Copied: None
On: February 25th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: Thurgood Marshall
To: Conference
Copied: None
On: February 27th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 16

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: February 27th, 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.
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 17

From: Thurgood Marshall
To: Conference
Copied: None
On: February 28th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 18

From: William O. Douglas
To: Conference
Copied: None
On: February 28th, 1974
Action: Majority Opinion
This refers to a majority opinion draft