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O'shea V. Littleton (1973)

 

Document 1

From: Byron R. White
To: Conference
Copied: None
On: November 27th, 1973
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Byron R. White
To: Conference
Copied: None
On: November 27th, 1973
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 3

From: Potter Stewart
To: Byron R. White
Copied: Conference
On: November 28th, 1973
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 4

From: William O. Douglas
To: Conference
Copied: None
On: November 29th, 1973
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: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: December 3rd, 1973
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.

Document 6

From: William O. Douglas
To: Conference
Copied: None
On: December 3rd, 1973
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 7

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: December 3rd, 1973
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 8

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: December 4th, 1973
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.

Document 9

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: None
On: December 6th, 1973
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 10

From: William O. Douglas
To: Conference
Copied: None
On: December 8th, 1973
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 11

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: Conference
On: December 10th, 1973
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: Warren E. Burger
To: Byron R. White
Copied: Conference
On: December 11th, 1973
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 13

From: William O. Douglas
To: Conference
Copied: None
On: December 13th, 1973
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 14

From: Thurgood Marshall
To: William O. Douglas
Copied: Conference
On: December 27th, 1973
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: William O. Douglas
To: Conference
Copied: None
On: December 28th, 1973
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 16

From: Byron R. White
To: Conference
Copied: None
On: January 5th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: January 7th, 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

Document 18

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 9th, 1974
Action: Concur in Part
This refers to a concurring opinion draft that concurs in part of the majority

Document 19

From: Byron R. White
To: Conference
Copied: None
On: January 9th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 20

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: None
On: January 10th, 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 21

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

Document 22

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 11th, 1974
Action: Concur in Part
This refers to a concurring opinion draft that concurs in part of the majority

Document 23

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 14th, 1974
Action: Concur in Part
This refers to a concurring opinion draft that concurs in part of the majority