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Sears, Roebuck & Co. V. Carpenters (1977)

 

Document 1

From: John Paul Stevens
To: Conference
Copied: None
On: March 24th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: March 27th, 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 3

From: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: March 30th, 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: Byron R. White
To: John Paul Stevens
Copied: Conference
On: March 30th, 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: Memo Regarding Meeting Time, Place or Agenda
Memo may suggest that the justice talk or discuss an issue at conference; memo may maintain that no further conference discussion is needed; memo may state that a justice will be away

Document 5

From: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: March 31st, 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.
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 6

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 6th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 7

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 10th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 8

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: April 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 9

From: Potter Stewart
To: John Paul Stevens
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 10

From: Lewis F. Powell
To: Conference
Copied: None
On: April 13th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 11

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 14th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 12

From: Lewis F. Powell
To: Conference
Copied: None
On: April 19th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 13

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 20th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 14

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

Document 15

From: John Paul Stevens
To: Conference
Copied: None
On: April 26th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 1st, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 17

From: Lewis F. Powell
To: John Paul Stevens
Copied: None
On: May 1st, 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 18

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: May 2nd, 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 19

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: May 4th, 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 20

From: Lewis F. Powell
To: Conference
Copied: None
On: May 9th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 21

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 11th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 22

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: May 11th, 1978
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority opinion).

Document 23

From: John Paul Stevens
To: Conference
Copied: None
On: May 11th, 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: May 12th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 25

From: John Paul Stevens
To: Conference
Copied: None
On: May 22nd, 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