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Board Of Curators Of University Of Missouri V. Horowitz (1977)

 

Document 1

From: William H. Rehnquist
To: Conference
Copied: None
On: January 19th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Lewis F. Powell
To: William H. Rehnquist
Copied: None
On: January 19th, 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 3

From: Potter Stewart
To: William H. Rehnquist
Copied: Conference
On: January 19th, 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: Thurgood Marshall
To: William H. Rehnquist
Copied: Conference
On: January 20th, 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: 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 5

From: John Paul Stevens
To: William H. Rehnquist
Copied: Conference
On: January 20th, 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 H. Rehnquist
To: Thurgood Marshall
Copied: Conference
On: January 23rd, 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 7

From: William J. Brennan, Jr.
To: William H. Rehnquist
Copied: Conference
On: January 23rd, 1978
Action: Await Concurrence
Justice awaits a concurring opinion, including an opinion that concurs in part or that concurs in judgment

Document 8

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: January 23rd, 1978
Action: Await Concurrence
Justice awaits a concurring opinion, including an opinion that concurs in part or that concurs in judgment

Document 9

From: William H. Rehnquist
To: Lewis F. Powell
Copied: None
On: January 24th, 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 10

From: John Paul Stevens
To: William H. Rehnquist
Copied: Potter Stewart, Lewis F. Powell
On: January 24th, 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 11

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: January 25th, 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 12

From: William H. Rehnquist
To: Conference
Copied: None
On: January 26th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: January 26th, 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: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: January 30th, 1978
Action: Await Concurrence
Justice awaits a concurring opinion, including an opinion that concurs in part or that concurs in judgment

Document 15

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 9th, 1978
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 16

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: February 10th, 1978
Action: Join Concur in Part and Dissent in Part
Memos where justices state that they join an opinion that concurs in part and dissents in part; alternatively, the opinion that is joined might concur in judgment and dissent. The identity of the opinion author who receives the join is located in the JOINED variable.

Document 17

From: Thurgood Marshall
To: Conference
Copied: None
On: February 10th, 1978
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 18

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 13th, 1978
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 19

From: Byron R. White
To: Conference
Copied: None
On: February 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 20

From: Thurgood Marshall
To: Conference
Copied: None
On: February 15th, 1978
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 21

From: Byron R. White
To: Conference
Copied: None
On: February 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 22

From: Lewis F. Powell
To: William H. Rehnquist
Copied: None
On: February 16th, 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 23

From: William H. Rehnquist
To: Lewis F. Powell
Copied: None
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 24

From: Lewis F. Powell
To: Conference
Copied: None
On: February 21st, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 25

From: Thurgood Marshall
To: Conference
Copied: None
On: February 23rd, 1978
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 26

From: Lewis F. Powell
To: Conference
Copied: None
On: February 24th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 27

From: Lewis F. Powell
To: Conference
Copied: None
On: February 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 28

From: Thurgood Marshall
To: Conference
Copied: None
On: February 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