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Moore V. East Cleveland (1976)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: November 22nd, 1976
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion
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: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 2

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: November 23rd, 1976
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 3

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: November 23rd, 1976
Action: Disagrees with Opinion Author
Memo expresses a justice's disagreement with an opinion author's letter, proposal, or footnote

Document 4

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: November 23rd, 1976
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 5

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: November 23rd, 1976
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 6

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: November 23rd, 1976
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 7

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: November 23rd, 1976
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 8

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: November 24th, 1976
Action: Disagrees with Opinion Author
Memo expresses a justice's disagreement with an opinion author's letter, proposal, or footnote

Document 9

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: November 30th, 1976
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 10

From: Warren E. Burger
To: Conference
Copied: None
On: December 10th, 1976
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: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 11

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Thurgood Marshall, Harry A. Blackmun
On: January 3rd, 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)
Action: Await Majority Opinion
Justice says they await writing of majority opinion

Document 12

From: Potter Stewart
To: Conference
Copied: None
On: February 10th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: Potter Stewart
To: Conference
Copied: None
On: February 10th, 1977
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 14

From: Thurgood Marshall
To: Potter Stewart
Copied: Conference
On: February 10th, 1977
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 15

From: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: February 10th, 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 16

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: February 11th, 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.
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 17

From: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: February 11th, 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 18

From: Lewis F. Powell
To: Conference
Copied: None
On: February 11th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: February 11th, 1977
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
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 20

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: February 14th, 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 21

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: February 14th, 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.
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 22

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 14th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 23

From: Lewis F. Powell
To: Conference
Copied: None
On: February 15th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 24

From: William H. Rehnquist
To: Potter Stewart
Copied: Conference
On: February 15th, 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 25

From: Thurgood Marshall
To: Conference
Copied: None
On: February 16th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 26

From: Potter Stewart
To: Conference
Copied: None
On: February 16th, 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 27

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 17th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 28

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 17th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 29

From: Warren E. Burger
To: Conference
Copied: None
On: March 11th, 1977
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 30

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 15th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 31

From: Lewis F. Powell
To: Conference
Copied: None
On: March 25th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 32

From: Byron R. White
To: Conference
Copied: None
On: April 8th, 1977
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 33

From: John Paul Stevens
To: Conference
Copied: None
On: April 11th, 1977
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 34

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: April 12th, 1977
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

Document 35

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: April 12th, 1977
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

Document 36

From: Lewis F. Powell
To: Conference
Copied: None
On: April 28th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 37

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: None
On: May 3rd, 1977
Action: Dissenting Opinion Author's Response
May be a response to a suggestion, majority opinion, or another separate opinion; it may say the author made changes and see the attached opinion; it may indicate the opinion has been changed although not prompted by someone else

Document 38

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 4th, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 39

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: May 11th, 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 40

From: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: May 11th, 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 41

From: William H. Rehnquist
To: Potter Stewart
Copied: Conference
On: May 12th, 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 42

From: Potter Stewart
To: Conference
Copied: None
On: May 12th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 43

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: May 13th, 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 44

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 13th, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 45

From: Warren E. Burger
To: Conference
Copied: None
On: May 16th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 46

From: Potter Stewart
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 47

From: Lewis F. Powell
To: Conference
Copied: None
On: May 18th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 48

From: Byron R. White
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 49

From: John Paul Stevens
To: Conference
Copied: None
On: May 24th, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 50

From: Lewis F. Powell
To: Conference
Copied: None
On: May 24th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 51

From: Byron R. White
To: Conference
Copied: None
On: May 25th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 52

From: Potter Stewart
To: Conference
Copied: None
On: May 26th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form