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Duke Power Co. V. Carolina Environmental Study Group, Inc. (1977)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: June 2nd, 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 2

From: William H. Rehnquist
To: Conference
Copied: None
On: June 2nd, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 3

From: Warren E. Burger
To: Conference
Copied: None
On: June 2nd, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: June 5th, 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 5

From: Warren E. Burger
To: Conference
Copied: None
On: June 5th, 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 6

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: June 5th, 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 7

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: June 5th, 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 8

From: Warren E. Burger
To: Conference
Copied: None
On: June 6th, 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 9

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: June 6th, 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 10

From: Warren E. Burger
To: Conference
Copied: None
On: June 6th, 1978
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 11

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: June 7th, 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: Byron R. White
To: Warren E. Burger
Copied: Conference
On: June 7th, 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 13

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: June 8th, 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: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: June 12th, 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 15

From: William H. Rehnquist
To: Conference
Copied: None
On: June 12th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 16

From: John Paul Stevens
To: Conference
Copied: None
On: June 16th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 17

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: June 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.
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: Potter Stewart
To: Conference
Copied: None
On: June 19th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 19

From: John Paul Stevens
To: Conference
Copied: None
On: June 19th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 20

From: Warren E. Burger
To: Conference
Copied: None
On: June 19th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 21

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: June 20th, 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 22

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: June 20th, 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 23

From: William H. Rehnquist
To: Conference
Copied: None
On: June 21st, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 24

From: Potter Stewart
To: Conference
Copied: None
On: June 23rd, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result