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Mcdaniel V. Paty (1977)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: January 13th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: January 13th, 1978
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 3

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: January 16th, 1978
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: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: January 17th, 1978
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 5

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: January 17th, 1978
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: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: January 18th, 1978
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: Byron R. White
To: Warren E. Burger
Copied: Conference
On: January 25th, 1978
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 8

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: February 8th, 1978
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 9

From: Byron R. White
To: Conference
Copied: None
On: February 8th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 10

From: Warren E. Burger
To: Conference
Copied: None
On: February 9th, 1978
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 11

From: Byron R. White
To: Conference
Copied: None
On: February 9th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 12

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 9th, 1978
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 13

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 15th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 14

From: Warren E. Burger
To: Conference
Copied: None
On: March 17th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: Potter Stewart
To: Conference
Copied: None
On: March 17th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 16

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: April 4th, 1978
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 17

From: Warren E. Burger
To: Conference
Copied: None
On: April 4th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 18

From: Potter Stewart
To: Conference
Copied: None
On: April 7th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 19

From: Warren E. Burger
To: Conference
Copied: None
On: April 7th, 1978
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 20

From: Potter Stewart
To: Conference
Copied: None
On: April 10th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 21

From: Potter Stewart
To: Conference
Copied: None
On: April 12th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 22

From: Byron R. White
To: Conference
Copied: None
On: April 13th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 23

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 14th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 24

From: Warren E. Burger
To: Conference
Copied: None
On: April 14th, 1978
Action: Majority Opinion
This refers to a majority opinion draft