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Massachusetts V. United States (1977)

 

Document 1

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 12th, 1977
Action: Majority Opinion Assignment
This may be an assignment of either the majority opinion or a memorandum opinion; memo may state that a justice has agreed to undertake the opinion of the Court; memo reassigns the case

Document 2

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

Document 3

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: February 16th, 1978
Action: Dissent Opinion Assignment
The memo may ask another justice to write a dissent; a justice may indicate that the dissent will not be assigned right now; memo responding to a dissent assignment (but not accepting assignment, which would be Code 204)

Document 4

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: February 16th, 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 5

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: February 16th, 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
Action: May Join Majority Opinion
Memos where a justice states the intent to join the majority opinion later (e.g., may join majority; will probably join majority; could join majority; agree tentatively; inclined to join; close to joining; agrees generally; agree with most of opinion; in basic agreement; intend to join; am prepared to join; expect to join; expect to join part of majority opinion; join unless someone else dissents; will join majority opinion if no majority exists; join unless someone else persuades me

Document 6

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: February 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 7

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: February 17th, 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 8

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: February 17th, 1978
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.

Document 9

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: February 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 10

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: March 2nd, 1978
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 11

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 10th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: March 10th, 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 13

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: March 10th, 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 14

From: Potter Stewart
To: Lewis F. Powell
Copied: None
On: March 13th, 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 15

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: March 13th, 1978
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 16

From: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: March 14th, 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: Potter Stewart
To: Conference
Copied: None
On: March 14th, 1978
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 18

From: William H. Rehnquist
To: Conference
Copied: None
On: March 14th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: March 14th, 1978
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 20

From: Potter Stewart
To: Conference
Copied: None
On: March 15th, 1978
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: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 17th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 22

From: Potter Stewart
To: Conference
Copied: None
On: March 21st, 1978
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 23

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: March 21st, 1978
Action: May Join Majority Opinion
Memos where a justice states the intent to join the majority opinion later (e.g., may join majority; will probably join majority; could join majority; agree tentatively; inclined to join; close to joining; agrees generally; agree with most of opinion; in basic agreement; intend to join; am prepared to join; expect to join; expect to join part of majority opinion; join unless someone else dissents; will join majority opinion if no majority exists; join unless someone else persuades me
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 24

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: March 22nd, 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 25

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: March 24th, 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 26

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: March 24th, 1978
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 27

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 24th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 28

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: March 24th, 1978
Action: Separate Opinion Author's Response
Circulation of Change to Separate Opinion (e.g., footnote, portion of opinion, adding paragraph); this occurs in a memo, not on a draft opinion; circulation of change to unlabeled opinion

Document 29

From: William H. Rehnquist
To: Conference
Copied: None
On: March 27th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 30

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 6th, 1978
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