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United States V. Sotelo (1977)

 

Document 1

From: William H. Rehnquist
To: Thurgood Marshall
Copied: Conference
On: March 7th, 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 2

From: Thurgood Marshall
To: William H. Rehnquist
Copied: Conference
On: March 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 3

From: Thurgood Marshall
To: Conference
Copied: None
On: March 30th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: John Paul Stevens
To: Thurgood Marshall
Copied: Conference
On: March 31st, 1978
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 5

From: Thurgood Marshall
To: Conference
Copied: None
On: April 3rd, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: April 3rd, 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: Await Opinion in Another Case
Await Opinion in Another Case

Document 7

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: April 3rd, 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 8

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: April 4th, 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 9

From: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: April 8th, 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: Thurgood Marshall
To: Conference
Copied: None
On: April 10th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 11

From: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: April 10th, 1978
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 12

From: William H. Rehnquist
To: Conference
Copied: None
On: April 13th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: John Paul Stevens
To: William H. Rehnquist
Copied: Conference
On: April 13th, 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 14

From: Potter Stewart
To: William H. Rehnquist
Copied: Conference
On: April 13th, 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 15

From: William J. Brennan, Jr.
To: William H. Rehnquist
Copied: Conference
On: April 13th, 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 16

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

Document 17

From: Thurgood Marshall
To: Conference
Copied: None
On: April 20th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 18

From: William H. Rehnquist
To: Conference
Copied: None
On: May 10th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: Thurgood Marshall
To: Conference
Copied: None
On: May 10th, 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: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: May 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 21

From: Thurgood Marshall
To: Conference
Copied: None
On: May 11th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 22

From: Thurgood Marshall
To: Conference
Copied: None
On: May 11th, 1978
Action: Will Circulate Majority Opinion
A memo where a justice states that he or she will circulate a majority opinion draft, including that an opinion will be out soon or that the author will revise majority opinion without stating the changes
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion

Document 23

From: William H. Rehnquist
To: Conference
Copied: None
On: May 11th, 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 24

From: Thurgood Marshall
To: Conference
Copied: None
On: May 15th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 25

From: William H. Rehnquist
To: Conference
Copied: None
On: May 15th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form