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Pinkus V. United States (1977)

 

Document 1

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: October 26th, 1977
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 2

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: October 26th, 1977
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 3

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: October 26th, 1977
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 4

From: Lewis F. Powell
To: William H. Rehnquist
Copied: None
On: March 9th, 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
Action: Await Majority Opinion
Justice says they await writing of majority opinion

Document 5

From: William H. Rehnquist
To: Lewis F. Powell
Copied: None
On: March 10th, 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
Action: Await Majority Opinion
Justice says they await writing of majority opinion

Document 6

From: Warren E. Burger
To: Conference
Copied: None
On: May 5th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: May 6th, 1978
Action: Dissent at Foot
This refers to a letter where a justice asks that a dissent (or a dissent in part) be noted at the foot of an opinion; it also includes at foot opinions that indicates the justice wants the Court to hear arguments and decide rather than dismiss or decide summarily

Document 8

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 8th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 9

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: May 8th, 1978
Action: Concur in Judgment at Foot
This refers to a letter where a justice asks that a concurrence in judgment or the result be noted at the foot of an opinion, including a concur in judgment or result in part at foot

Document 10

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: May 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 11

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: May 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 12

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 9th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 13

From: Warren E. Burger
To: Byron R. White, Harry A. Blackmun, Lewis F. Powell
Copied: None
On: May 9th, 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 14

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Byron R. White, Lewis F. Powell, William H. Rehnquist
On: May 10th, 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 15

From: William H. Rehnquist
To: Warren E. Burger
Copied: Byron R. White, Harry A. Blackmun, Lewis F. Powell
On: May 10th, 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 16

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: May 10th, 1978
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 17

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: May 11th, 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 18

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: May 11th, 1978
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 19

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 11th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 20

From: Lewis F. Powell
To: Conference
Copied: None
On: May 15th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 21

From: Warren E. Burger
To: Conference
Copied: None
On: May 15th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 22

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: May 16th, 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 23

From: John Paul Stevens
To: Conference
Copied: None
On: May 16th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 24

From: John Paul Stevens
To: Conference
Copied: None
On: May 17th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft