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Fcc V. Pacifica Foundation (1977)

 

Document 1

From: John Paul Stevens
To: Conference
Copied: None
On: June 14th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Byron R. White
To: John Paul Stevens
Copied: Conference
On: June 15th, 1978
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 3

From: Potter Stewart
To: John Paul Stevens
Copied: Conference
On: June 15th, 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 4

From: Thurgood Marshall
To: John Paul Stevens
Copied: Conference
On: June 16th, 1978
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 5

From: Potter Stewart
To: Conference
Copied: None
On: June 16th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 6

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: June 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.
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 H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: June 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 8

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

Document 9

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: June 19th, 1978
Action: May Join Dissent
Memos where a justice expresses the inclination to join a dissenting opinion, including joining the dissent in part; memos may also state a justice’s intention to join a dissent if another justice writes or circulates one; memos may also state that a justice expects to join or tentatively joins a dissent
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 10

From: John Paul Stevens
To: Conference
Copied: None
On: June 20th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 11

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: None
On: June 20th, 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 12

From: John Paul Stevens
To: Lewis F. Powell
Copied: Harry A. Blackmun
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 13

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: None
On: June 20th, 1978
Action: Suggestion to Separate Opinion
Memo states includes a justice's suggestion for a separate opinion (e.g., don't agree with reasoning of separate opinion; comment on separate opinion; will join separate opinion if; cannot join separate opinion; will be making suggestion to separate opinion). The identity of the separate opinion author who receives suggestion is located in the JOINED variable.

Document 14

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: June 20th, 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 15

From: Lewis F. Powell
To: Conference
Copied: None
On: June 21st, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 16

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 24th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 17

From: Thurgood Marshall
To: Potter Stewart
Copied: Conference
On: June 26th, 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 18

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: June 26th, 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: Byron R. White
To: Potter Stewart
Copied: Conference
On: June 26th, 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 20

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: Conference
On: June 26th, 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 21

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: None
On: June 26th, 1978
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 22

From: Lewis F. Powell
To: Conference
Copied: None
On: June 26th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 23

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: None
On: June 26th, 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 24

From: John Paul Stevens
To: Conference
Copied: None
On: June 27th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 25

From: Potter Stewart
To: Conference
Copied: None
On: June 28th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 26

From: Lewis F. Powell
To: Conference
Copied: None
On: June 28th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 27

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 29th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 28

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 30th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form