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Foley V. Connelie (1977)

 

Document 1

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: Thurgood Marshall, John Paul Stevens
On: November 14th, 1977
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 2

From: William J. Brennan, Jr.
To: Potter Stewart, Thurgood Marshall, John Paul Stevens
Copied: None
On: November 15th, 1977
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 3

From: Warren E. Burger
To: Conference
Copied: None
On: January 16th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: January 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 5

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: January 18th, 1978
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 6

From: Byron R. White
To: Warren E. Burger
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 7

From: Warren E. Burger
To: Conference
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 8

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: January 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 9

From: Warren E. Burger
To: Conference
Copied: None
On: January 25th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 25th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 11

From: Lewis F. Powell
To: Warren E. Burger
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 12

From: Thurgood Marshall
To: Conference
Copied: None
On: February 10th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: February 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: Thurgood Marshall
To: Conference
Copied: None
On: February 14th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 15

From: John Paul Stevens
To: Thurgood Marshall
Copied: Conference
On: March 14th, 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)
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: Thurgood Marshall
To: Conference
Copied: None
On: March 15th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 17

From: John Paul Stevens
To: Conference
Copied: None
On: March 15th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 18

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: March 15th, 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: Harry A. Blackmun
To: Conference
Copied: None
On: March 15th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 20

From: Potter Stewart
To: Conference
Copied: None
On: March 15th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 21

From: Potter Stewart
To: Conference
Copied: None
On: March 15th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 22

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: March 15th, 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: John Paul Stevens
To: Conference
Copied: None
On: March 16th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 24

From: John Paul Stevens
To: Conference
Copied: None
On: March 17th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 25

From: Warren E. Burger
To: Conference
Copied: None
On: March 20th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 26

From: Warren E. Burger
To: Conference
Copied: None
On: April 27th, 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