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Trainor V. Hernandez (1976)

 

Document 1

From: Byron R. White
To: Conference
Copied: None
On: March 16th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: March 18th, 1977
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 3

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: March 22nd, 1977
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 4

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: April 4th, 1977
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 5

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 4th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 6

From: Potter Stewart
To: Byron R. White
Copied: Conference
On: April 4th, 1977
Action: Dissent at Foot
This refers to a letter where a justice asks that a dissent (or a dissent in part) be noted at the foot of an opinion; it also includes at foot opinions that indicates the justice wants the Court to hear arguments and decide rather than dismiss or decide summarily

Document 7

From: Byron R. White
To: Conference
Copied: None
On: April 5th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: April 11th, 1977
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 9

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: April 14th, 1977
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 10

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 14th, 1977
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 11

From: John Paul Stevens
To: Conference
Copied: None
On: April 14th, 1977
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: Conference
Copied: None
On: April 15th, 1977
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 13

From: Potter Stewart
To: Byron R. White
Copied: Conference
On: April 15th, 1977
Action: Dissent at Foot
This refers to a letter where a justice asks that a dissent (or a dissent in part) be noted at the foot of an opinion; it also includes at foot opinions that indicates the justice wants the Court to hear arguments and decide rather than dismiss or decide summarily

Document 14

From: Byron R. White
To: Conference
Copied: None
On: April 19th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: April 20th, 1977
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 16

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 22nd, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 17

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: April 22nd, 1977
Action: Will Write "Separate Opinion"
A memo where a justice states that he or she will circulate a "separate opinion" draft, including that a "separate opinion" will be out soon or that a revised draft of the "separate opinion" will be circulated

Document 18

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: April 22nd, 1977
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority opinion).
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: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 19

From: Byron R. White
To: Conference
Copied: None
On: April 25th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 20

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: April 28th, 1977
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 21

From: Byron R. White
To: Conference
Copied: None
On: May 6th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 22

From: John Paul Stevens
To: Conference
Copied: None
On: May 17th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 23

From: Byron R. White
To: Conference
Copied: None
On: May 19th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 24

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 20th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 25

From: John Paul Stevens
To: Conference
Copied: None
On: May 20th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 26

From: Byron R. White
To: Conference
Copied: None
On: June 1st, 1977
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 27

From: Byron R. White
To: Conference
Copied: None
On: June 7th, 1977
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 28

From: Byron R. White
To: Conference
Copied: None
On: June 8th, 1977
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