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Zablocki V. Redhail (1977)

 

Document 1

From: Thurgood Marshall
To: Conference
Copied: None
On: October 28th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: October 31st, 1977
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 3

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: October 31st, 1977
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: 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 4

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: November 1st, 1977
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 5

From: Thurgood Marshall
To: Conference
Copied: None
On: November 2nd, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: William H. Rehnquist
To: Thurgood Marshall
Copied: Conference
On: November 3rd, 1977
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 7

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: November 3rd, 1977
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 8

From: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: November 3rd, 1977
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 9

From: William H. Rehnquist
To: Thurgood Marshall
Copied: Conference
On: November 16th, 1977
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 10

From: Thurgood Marshall
To: Conference
Copied: None
On: November 16th, 1977
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 11

From: John Paul Stevens
To: Thurgood Marshall
Copied: Conference
On: November 16th, 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
Action: Await Concurrence
Justice awaits a concurring opinion, including an opinion that concurs in part or that concurs in judgment

Document 12

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: November 17th, 1977
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
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: May Join Judgment
Memos where a justice states the inclination to join a judgment of the Court

Document 13

From: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: November 17th, 1977
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 14

From: William H. Rehnquist
To: Conference
Copied: None
On: November 18th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 15

From: Potter Stewart
To: Conference
Copied: None
On: November 22nd, 1977
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 16

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: November 25th, 1977
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 17

From: Potter Stewart
To: Conference
Copied: None
On: November 28th, 1977
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 18

From: Lewis F. Powell
To: Conference
Copied: None
On: November 29th, 1977
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 19

From: Lewis F. Powell
To: Conference
Copied: None
On: December 1st, 1977
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 20

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: December 8th, 1977
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: John Paul Stevens
To: Conference
Copied: None
On: December 15th, 1977
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 22

From: William H. Rehnquist
To: Conference
Copied: None
On: December 16th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 23

From: John Paul Stevens
To: Conference
Copied: None
On: December 19th, 1977
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 24

From: Lewis F. Powell
To: Conference
Copied: None
On: December 20th, 1977
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 25

From: Thurgood Marshall
To: Conference
Copied: None
On: December 28th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 26

From: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: January 5th, 1978
Action: May Join Concurrence
Memos where a justice expresses the inclination to join a concurring opinion, including a concurrence in the judgment or result.
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 27

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: January 5th, 1978
Action: Concurring Opinion Author's Response
May be response to a suggestion, the majority opinion, another separate opinion; it may say the author made changes and see the attached opinion; it may indicate the opinion has been changed although not prompted by someone else

Document 28

From: Warren E. Burger
To: Conference
Copied: None
On: January 13th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft