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Swain V. Pressley (1976)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: March 8th, 1977
Action: Cover Memo to Separate Opinion
This indicates a cover memo to any separate opinion, including concurring, dissenting, or any other type of separate opinion

Document 2

From: Warren E. Burger
To: Conference
Copied: None
On: March 8th, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 3

From: Potter Stewart
To: John Paul Stevens
Copied: Conference
On: March 8th, 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: John Paul Stevens
To: Conference
Copied: None
On: March 8th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: None
On: March 10th, 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 6

From: Warren E. Burger
To: Conference
Copied: None
On: March 10th, 1977
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 7

From: Byron R. White
To: John Paul Stevens
Copied: Conference
On: March 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 8

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: None
On: March 11th, 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 9

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: March 11th, 1977
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 10

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: March 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 11

From: Harry A. Blackmun
To: Warren E. Burger
Copied: None
On: March 14th, 1977
Action: Will Concur If...
Justice states conditions for a concurrence, including a concurrence in part or concurrence in judgment; memo may also state conditions for withdrawing a concurring opinion
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 12

From: Thurgood Marshall
To: John Paul Stevens
Copied: Conference
On: March 16th, 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 13

From: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: March 16th, 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.
Action: Concur at Foot
This refers to a letter where a justice asks that a concurrence (or a concurrence in part) be noted at the foot of an opinion

Document 14

From: Warren E. Burger
To: Conference
Copied: None
On: March 16th, 1977
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 15

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: March 16th, 1977
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 16

From: Warren E. Burger
To: Conference
Copied: None
On: March 16th, 1977
Action: Concurring Opinion Author's Response
May be response to a suggestion, the majority opinion, 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 17

From: John Paul Stevens
To: Conference
Copied: None
On: March 16th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 18

From: John Paul Stevens
To: Conference
Copied: None
On: March 17th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: John Paul Stevens
To: Conference
Copied: None
On: March 17th, 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 20

From: Warren E. Burger
To: Conference
Copied: None
On: March 18th, 1977
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 21

From: Lewis F. Powell
To: Conference
Copied: None
On: March 18th, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft