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Regents Of The University Of California V. Bakke (1977)

 

Document 1

From: Byron R. White
To: Thurgood Marshall
Copied: None
On: None provided.
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 2

From: Byron R. White
To: William J. Brennan, Jr.
Copied: None
On: None provided.
Action: Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)
Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)

Document 3

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: October 13th, 1977
Action: May Join Memorandum Opinion (Author is Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion drafted by the assigned opinion author (e.g., could go along with memorandum opinion; agrees generally with memorandum opinion; agree tentatively with memorandum opinion; will join memorandum opinion if it becomes majority opinion)

Document 4

From: Byron R. White
To: Conference
Copied: None
On: October 13th, 1977
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 5

From: Lewis F. Powell
To: Conference
Copied: None
On: October 14th, 1977
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 6

From: John Paul Stevens
To: Conference
Copied: None
On: October 19th, 1977
Action: Attached Material Relevant to a Case
This may include memos about maps or pictures that will be incorporated in opinion; cover memo to circulation of some relevant non-case material for an opinion (e.g., newspaper article, related lower court opinion); memos may mention extra-court material that might be relevant (e.g., congressional hearings, a statute, other opinions that are somehow (perhaps tangentially) related to case at hand); circulation of clerk’s memo about case

Document 7

From: Warren E. Burger
To: Conference
Copied: None
On: October 21st, 1977
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 8

From: Thurgood Marshall
To: Conference
Copied: None
On: October 28th, 1977
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 9

From: William H. Rehnquist
To: Conference
Copied: None
On: November 10th, 1977
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 10

From: William H. Rehnquist
To: Conference
Copied: None
On: November 11th, 1977
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 11

From: Lewis F. Powell
To: Conference
Copied: None
On: November 22nd, 1977
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 12

From: Lewis F. Powell
To: Conference
Copied: None
On: November 22nd, 1977
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 13

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 23rd, 1977
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 14

From: Lewis F. Powell
To: Conference
Copied: None
On: December 1st, 1977
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 15

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 5th, 1977
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 16

From: William H. Rehnquist
To: Conference
Copied: None
On: December 9th, 1977
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 17

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: December 12th, 1977
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 18

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: December 12th, 1977
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 19

From: Byron R. White
To: Conference
Copied: None
On: December 12th, 1977
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 20

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 13th, 1977
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 21

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: December 14th, 1977
Action: Suggestion to Memorandum Opinion (Author is not Assigned Justice)
This includes memos with suggestions and specific or general reservations to a memorandum opinion (or per curiam) not written by assigned opinion author; memos expressing agreement with another justice’s suggestion to the memorandum opinion; statements that justice disagrees with a memorandum opinion. The identity of the memorandum opinion author who receives suggestion is located in the JOINED variable.

Document 22

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: December 19th, 1977
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 23

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: December 19th, 1977
Action: Suggestion to Memorandum Opinion (Author is not Assigned Justice)
This includes memos with suggestions and specific or general reservations to a memorandum opinion (or per curiam) not written by assigned opinion author; memos expressing agreement with another justice’s suggestion to the memorandum opinion; statements that justice disagrees with a memorandum opinion. The identity of the memorandum opinion author who receives suggestion is located in the JOINED variable.
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 24

From: Lewis F. Powell
To: Conference
Copied: None
On: December 19th, 1977
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 25

From: John Paul Stevens
To: Conference
Copied: None
On: December 20th, 1977
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 26

From: Warren E. Burger
To: Potter Stewart, Harry A. Blackmun, William H. Rehnquist
Copied: None
On: December 30th, 1977
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 27

From: Warren E. Burger
To: Potter Stewart, Harry A. Blackmun, William H. Rehnquist
Copied: None
On: December 30th, 1977
Action: Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)
Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)

Document 28

From: Warren E. Burger
To: Potter Stewart, Harry A. Blackmun, William H. Rehnquist
Copied: None
On: December 31st, 1977
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: Potter Stewart
To: Warren E. Burger
Copied: Harry A. Blackmun, William H. Rehnquist, John Paul Stevens
On: January 3rd, 1978
Action: May Join Memorandum Opinion (Author is not Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion (or per curiam opinion) written by a justice who was not assigned the opinion (e.g., agree and will join if it becomes opinion; agree with suggested order). The identity of the justice whose opinion is endorsed is located in the JOINED variable.

Document 30

From: John Paul Stevens
To: Warren E. Burger
Copied: Potter Stewart, Harry A. Blackmun, William H. Rehnquist
On: January 3rd, 1978
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 31

From: William H. Rehnquist
To: Warren E. Burger
Copied: Potter Stewart, Harry A. Blackmun, John Paul Stevens
On: January 3rd, 1978
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 32

From: Warren E. Burger
To: Potter Stewart
Copied: Harry A. Blackmun, William H. Rehnquist, John Paul Stevens
On: January 3rd, 1978
Action: Memorandum Opinion Author's Response (not assigned author)
Memorandum Opinion Author's Response (not assigned author)

Document 33

From: Lewis F. Powell
To: Conference
Copied: None
On: January 5th, 1978
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 34

From: Byron R. White
To: Conference
Copied: None
On: February 10th, 1978
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 35

From: Byron R. White
To: Conference
Copied: None
On: February 10th, 1978
Action: Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)
Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)

Document 36

From: William H. Rehnquist
To: John Paul Stevens
Copied: Warren E. Burger, Potter Stewart, Harry A. Blackmun
On: February 21st, 1978
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 37

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: April 12th, 1978
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 38

From: Thurgood Marshall
To: Conference
Copied: None
On: April 13th, 1978
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 39

From: Warren E. Burger
To: Conference
Copied: None
On: April 28th, 1978
Action: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice

Document 40

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 1st, 1978
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 41

From: Warren E. Burger
To: Conference
Copied: None
On: May 2nd, 1978
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 42

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

Document 43

From: Lewis F. Powell
To: Conference
Copied: None
On: May 9th, 1978
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 44

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: May 10th, 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 45

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: May 16th, 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
Action: May Join Memorandum Opinion (Author is not Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion (or per curiam opinion) written by a justice who was not assigned the opinion (e.g., agree and will join if it becomes opinion; agree with suggested order). The identity of the justice whose opinion is endorsed is located in the JOINED variable.
Action: Undecided
Justice states that he or she is undecided, including phrases like not ready to commit, need more time, not at rest, or to consider further

Document 46

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: May 16th, 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 Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 47

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: May 16th, 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: Join Majority If...
Justice sends memo to majority opinion author that states that the conditions under which the justice can or will not join the majority opinion; this includes memos with language like will join if..., will join the majority opinion if author makes changes suggested by another justice, or will join part of majority opinion if...; these memos may also state that a justice cannot join majority opinion if..., or could not join an opinion with a particular point, will withdraw join if...
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 "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 48

From: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: May 17th, 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 49

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: May 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
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

Document 50

From: William J. Brennan, Jr.
To: Byron R. White
Copied: None
On: May 30th, 1978
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 51

From: Lewis F. Powell
To: Conference
Copied: None
On: June 1st, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 52

From: William J. Brennan, Jr.
To: Byron R. White, Thurgood Marshall, Harry A. Blackmun
Copied: None
On: June 8th, 1978
Action: Attached Material Relevant to a Case
This may include memos about maps or pictures that will be incorporated in opinion; cover memo to circulation of some relevant non-case material for an opinion (e.g., newspaper article, related lower court opinion); memos may mention extra-court material that might be relevant (e.g., congressional hearings, a statute, other opinions that are somehow (perhaps tangentially) related to case at hand); circulation of clerk’s memo about case

Document 53

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Byron R. White, Thurgood Marshall, Harry A. Blackmun
On: June 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 54

From: Byron R. White
To: Conference
Copied: None
On: June 12th, 1978
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 55

From: John Paul Stevens
To: Conference
Copied: None
On: June 12th, 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 56

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 12th, 1978
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 57

From: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: June 12th, 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 58

From: Potter Stewart
To: John Paul Stevens
Copied: Conference
On: June 12th, 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 59

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: June 12th, 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 60

From: Byron R. White
To: Conference
Copied: None
On: June 12th, 1978
Action: Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)
Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)

Document 61

From: William J. Brennan, Jr.
To: Byron R. White, Thurgood Marshall, Harry A. Blackmun
Copied: None
On: June 12th, 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 62

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: June 13th, 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 63

From: Byron R. White
To: William J. Brennan, Jr.
Copied: None
On: June 13th, 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 64

From: Lewis F. Powell
To: Conference
Copied: None
On: June 19th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 65

From: John Paul Stevens
To: Conference
Copied: None
On: June 19th, 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 66

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 19th, 1978
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 67

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 20th, 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 68

From: Byron R. White
To: Conference
Copied: None
On: June 21st, 1978
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 69

From: John Paul Stevens
To: Lewis F. Powell
Copied: Warren E. Burger, Potter Stewart, William H. Rehnquist
On: June 21st, 1978
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 70

From: Lewis F. Powell
To: Conference
Copied: None
On: June 21st, 1978
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 71

From: Lewis F. Powell
To: Conference
Copied: None
On: June 21st, 1978
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 72

From: John Paul Stevens
To: Conference
Copied: None
On: June 22nd, 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 73

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 22nd, 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 74

From: Harry A. Blackmun
To: Warren E. Burger
Copied: None
On: June 22nd, 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 75

From: Lewis F. Powell
To: Conference
Copied: None
On: June 23rd, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 76

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 23rd, 1978
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 77

From: Thurgood Marshall
To: Conference
Copied: None
On: June 23rd, 1978
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 78

From: Byron R. White
To: Conference
Copied: None
On: June 23rd, 1978
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 79

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 23rd, 1978
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 80

From: Warren E. Burger
To: Conference
Copied: None
On: June 23rd, 1978
Action: Headnotes
This includes memos about the headnotes for an opinion

Document 81

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: None
On: June 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 82

From: William J. Brennan, Jr.
To: Byron R. White, Thurgood Marshall, Harry A. Blackmun
Copied: None
On: June 23rd, 1978
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 83

From: Thurgood Marshall
To: Conference
Copied: None
On: June 23rd, 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 84

From: William J. Brennan, Jr.
To: Lewis F. Powell, John Paul Stevens
Copied: None
On: June 23rd, 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 85

From: William J. Brennan, Jr.
To: Byron R. White, Thurgood Marshall, Harry A. Blackmun
Copied: None
On: June 23rd, 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 86

From: Lewis F. Powell
To: Conference
Copied: None
On: June 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 87

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 26th, 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 88

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 26th, 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 89

From: Thurgood Marshall
To: Conference
Copied: None
On: June 26th, 1978
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 90

From: Byron R. White
To: William J. Brennan, Jr.
Copied: None
On: June 26th, 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 91

From: Lewis F. Powell
To: Conference
Copied: None
On: June 26th, 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

Document 92

From: Lewis F. Powell
To: Conference
Copied: None
On: June 26th, 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

Document 93

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 26th, 1978
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 94

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: None
On: June 27th, 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 95

From: John Paul Stevens
To: Lewis F. Powell
Copied: Warren E. Burger, Potter Stewart, William H. Rehnquist
On: June 27th, 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 96

From: Lewis F. Powell
To: Conference
Copied: None
On: June 27th, 1978
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 97

From: Warren E. Burger
To: Conference
Copied: None
On: June 27th, 1978
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 98

From: Lewis F. Powell
To: Conference
Copied: None
On: June 27th, 1978
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 99

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: June 29th, 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 100

From: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: June 29th, 1978
Action: Join Order
Memos where a justice joins an order if order is not on merits of case. If an order disposes of a case, a joinder is coded 300.

Document 101

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: June 29th, 1978
Action: Join Majority If...
Justice sends memo to majority opinion author that states that the conditions under which the justice can or will not join the majority opinion; this includes memos with language like will join if..., will join the majority opinion if author makes changes suggested by another justice, or will join part of majority opinion if...; these memos may also state that a justice cannot join majority opinion if..., or could not join an opinion with a particular point, will withdraw join if...

Document 102

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: June 29th, 1978
Action: Cover Memo to Application for Order
This indicates a memo that informs the Court that an application (e.g., stay, injunction) will be circulated soon; memo about an order

Document 103

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: June 29th, 1978
Action: Cover Memo to Application for Order
This indicates a memo that informs the Court that an application (e.g., stay, injunction) will be circulated soon; memo about an order

Document 104

From: Lewis F. Powell
To: Conference
Copied: None
On: June 29th, 1978
Action: Cover Memo to Application for Order
This indicates a memo that informs the Court that an application (e.g., stay, injunction) will be circulated soon; memo about an order

Document 105

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: June 29th, 1978
Action: Cover Memo to Application for Order
This indicates a memo that informs the Court that an application (e.g., stay, injunction) will be circulated soon; memo about an order

Document 106

From: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: June 29th, 1978
Action: Cover Memo to Application for Order
This indicates a memo that informs the Court that an application (e.g., stay, injunction) will be circulated soon; memo about an order

Document 107

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: July 3rd, 1978
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion