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Continental T.v., Inc. V. Gte Sylvania, Inc. (1976)

 

Document 1

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: September 29th, 1976
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 2

From: Lewis F. Powell
To: Conference
Copied: None
On: May 31st, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: June 1st, 1977
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 4

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: June 1st, 1977
Action: May Write Concurring Opinion
A memo where a justice states that he or she may (or will likely) write a concurring opinion; this also applies to opinions that concur in part, concurrences in judgment, or concurrences at foot.

Document 5

From: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: June 1st, 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 6

From: Lewis F. Powell
To: Conference
Copied: None
On: June 9th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: Lewis F. Powell
To: Conference
Copied: None
On: June 9th, 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
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 8

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: June 9th, 1977
Action: Join Majority If...
Justice sends memo to majority opinion author that states that the conditions under which the justice can or will not join the majority opinion; this includes memos with language like will join if..., will join the majority opinion if author makes changes suggested by another justice, or will join part of majority opinion if...; these memos may also state that a justice cannot join majority opinion if..., or could not join an opinion with a particular point, will withdraw join if...
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 9

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: June 9th, 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 10

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 10th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 11

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: June 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 12

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: June 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 13

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 13th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 14

From: Byron R. White
To: Conference
Copied: None
On: June 15th, 1977
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 15

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: June 16th, 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 16

From: Lewis F. Powell
To: Conference
Copied: None
On: June 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 17

From: Byron R. White
To: Conference
Copied: None
On: June 21st, 1977
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 18

From: Lewis F. Powell
To: Conference
Copied: None
On: June 21st, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: Byron R. White
To: Conference
Copied: None
On: June 21st, 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 20

From: Byron R. White
To: Conference
Copied: None
On: June 22nd, 1977
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 21

From: Lewis F. Powell
To: Conference
Copied: None
On: June 22nd, 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