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Barlow V. Collins (1969)

 

Document 1

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: None
On: None provided.
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: None
On: January 5th, 1970
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: None
On: January 5th, 1970
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: William O. Douglas
To: William J. Brennan, Jr.
Copied: None
On: January 8th, 1970
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 5

From: William J. Brennan, Jr.
To: William O. Douglas
Copied: None
On: January 8th, 1970
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 6

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: None
On: January 9th, 1970
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 J. Brennan, Jr.
To: Conference
Copied: None
On: January 14th, 1970
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: January 26th, 1970
Action: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice
Action: Will Write Concur in Part and Dissent in Part
A memo where a justice states that he or she will write and circulate an opinion that concurs in part and dissents in part; the concurrence could be in the judgment or result

Document 9

From: William O. Douglas
To: Conference
Copied: None
On: February 4th, 1970
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: Warren E. Burger
To: William O. Douglas
Copied: Conference
On: February 4th, 1970
Action: Majority Opinion Assignment
This may be an assignment of either the majority opinion or a memorandum opinion; memo may state that a justice has agreed to undertake the opinion of the Court; memo reassigns the case

Document 11

From: Thurgood Marshall
To: William O. Douglas
Copied: Conference
On: February 6th, 1970
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 12

From: John M. Harlan
To: William O. Douglas
Copied: Conference
On: February 6th, 1970
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: Potter Stewart
To: William O. Douglas
Copied: Conference
On: February 9th, 1970
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 19th, 1970
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: Warren E. Burger
To: William O. Douglas
Copied: Conference
On: February 28th, 1970
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.