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Milliken V. Bradley (1973)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: February 26th, 1974
Action: Memo about Supplemental or Amicus Briefs
Justice may express views on need for additional briefs (e.g., no need for supplemental briefs); justices may discuss proposed questions for supplemental briefs; justices may discuss oral arguments, reargument, or parties' briefs (e.g., date, length, exact questions that should be presented at orals or in briefs); justices may discuss asking litigants for additional information

Document 2

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: March 7th, 1974
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 3

From: Warren E. Burger
To: Conference
Copied: None
On: May 31st, 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 31st, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: William H. Rehnquist
To: Warren E. Burger
Copied: Lewis F. Powell
On: June 3rd, 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 6

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: June 5th, 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 7

From: William O. Douglas
To: Conference
Copied: None
On: June 5th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 8

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: June 10th, 1974
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 9

From: Warren E. Burger
To: Conference
Copied: None
On: June 11th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: Warren E. Burger
To: Conference
Copied: None
On: June 11th, 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 11

From: William O. Douglas
To: Conference
Copied: None
On: June 13th, 1974
Action: Separate Opinion Author's Response
Circulation of Change to Separate Opinion (e.g., footnote, portion of opinion, adding paragraph); this occurs in a memo, not on a draft opinion; circulation of change to unlabeled opinion

Document 12

From: Thurgood Marshall
To: Conference
Copied: None
On: June 13th, 1974
Action: Hold Case
Justice would hold case for another case; proposes holding this case for another case; suggests an opinion be held over for the next term (e.g., maybe we should hold over); memo about consolidating cases

Document 13

From: William O. Douglas
To: Conference
Copied: None
On: June 14th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 14

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: June 14th, 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 15

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: June 14th, 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 16

From: Warren E. Burger
To: William H. Rehnquist
Copied: None
On: June 14th, 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 17

From: Potter Stewart
To: Warren E. Burger
Copied: Harry A. Blackmun, Lewis F. Powell, William H. Rehnquist
On: June 17th, 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 18

From: Warren E. Burger
To: Potter Stewart, Harry A. Blackmun, Lewis F. Powell
Copied: None
On: June 18th, 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 19

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Potter Stewart, Lewis F. Powell, William H. Rehnquist
On: June 18th, 1974
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 20

From: Warren E. Burger
To: Potter Stewart, Harry A. Blackmun, Lewis F. Powell
Copied: None
On: June 19th, 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 21

From: Warren E. Burger
To: Potter Stewart, Harry A. Blackmun, Lewis F. Powell
Copied: None
On: June 19th, 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 22

From: William H. Rehnquist
To: Warren E. Burger
Copied: Potter Stewart, Harry A. Blackmun, Lewis F. Powell
On: June 19th, 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 23

From: Warren E. Burger
To: Potter Stewart, Harry A. Blackmun, Lewis F. Powell
Copied: None
On: June 20th, 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: Lewis F. Powell
On: June 20th, 1974
Action: May Join Majority Opinion
Memos where a justice states the intent to join the majority opinion later (e.g., may join majority; will probably join majority; could join majority; agree tentatively; inclined to join; close to joining; agrees generally; agree with most of opinion; in basic agreement; intend to join; am prepared to join; expect to join; expect to join part of majority opinion; join unless someone else dissents; will join majority opinion if no majority exists; join unless someone else persuades me
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 25

From: Potter Stewart
To: Warren E. Burger
Copied: Harry A. Blackmun, Lewis F. Powell, William H. Rehnquist
On: June 20th, 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 26

From: Warren E. Burger
To: Conference
Copied: None
On: June 21st, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 27

From: Warren E. Burger
To: Conference
Copied: None
On: June 24th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 28

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: June 24th, 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 29

From: Warren E. Burger
To: Conference
Copied: None
On: June 24th, 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 30

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: June 24th, 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 31

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: June 24th, 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 32

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: June 25th, 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 33

From: Lewis F. Powell
To: Warren E. Burger
Copied: Potter Stewart, Harry A. Blackmun, William H. Rehnquist
On: July 2nd, 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 34

From: Warren E. Burger
To: Lewis F. Powell
Copied: Potter Stewart, Harry A. Blackmun, William H. Rehnquist
On: July 2nd, 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 35

From: Byron R. White
To: Conference
Copied: None
On: July 8th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 36

From: William O. Douglas
To: Byron R. White
Copied: Conference
On: July 9th, 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 37

From: William O. Douglas
To: Conference
Copied: None
On: July 10th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 38

From: Thurgood Marshall
To: Conference
Copied: None
On: July 12th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 39

From: William O. Douglas
To: Thurgood Marshall
Copied: Conference
On: July 12th, 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 40

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: July 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 41

From: Potter Stewart
To: Conference
Copied: None
On: July 15th, 1974
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 42

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: July 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 43

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: July 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 44

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: July 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 45

From: Thurgood Marshall
To: Conference
Copied: None
On: July 18th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 46

From: Warren E. Burger
To: Conference
Copied: None
On: July 19th, 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 47

From: Warren E. Burger
To: Conference
Copied: None
On: July 19th, 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 48

From: William H. Rehnquist
To: Warren E. Burger
Copied: None
On: July 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

Document 49

From: Warren E. Burger
To: Conference
Copied: None
On: July 22nd, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 50

From: Byron R. White
To: Conference
Copied: None
On: July 23rd, 1974
Action: Separate Opinion Author's Response
Circulation of Change to Separate Opinion (e.g., footnote, portion of opinion, adding paragraph); this occurs in a memo, not on a draft opinion; circulation of change to unlabeled opinion

Document 51

From: Warren E. Burger
To: Conference
Copied: None
On: July 23rd, 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 52

From: William O. Douglas
To: Conference
Copied: None
On: July 23rd, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 53

From: Byron R. White
To: Conference
Copied: None
On: July 23rd, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 54

From: Warren E. Burger
To: Conference
Copied: None
On: July 24th, 1974
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion