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In Re Primus (1977)

 

Document 1

From: Lewis F. Powell
To: Conference
Copied: None
On: April 27th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: May 1st, 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 3

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: May 1st, 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 4

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: May 1st, 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 5

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: May 1st, 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 6

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: May 3rd, 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: Harry A. Blackmun
To: Lewis F. Powell
Copied: None
On: May 3rd, 1978
Action: May Join Majority Opinion
Memos where a justice states the intent to join the majority opinion later (e.g., may join majority; will probably join majority; could join majority; agree tentatively; inclined to join; close to joining; agrees generally; agree with most of opinion; in basic agreement; intend to join; am prepared to join; expect to join; expect to join part of majority opinion; join unless someone else dissents; will join majority opinion if no majority exists; join unless someone else persuades me
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 8

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: None
On: May 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 9

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: May 6th, 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 10

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: None
On: May 8th, 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 11

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 8th, 1978
Action: Concur in Part
This refers to a concurring opinion draft that concurs in part of the majority

Document 12

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 9th, 1978
Action: Concur in Part
This refers to a concurring opinion draft that concurs in part of the majority

Document 13

From: Lewis F. Powell
To: Conference
Copied: None
On: May 9th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 10th, 1978
Action: Concur in Part
This refers to a concurring opinion draft that concurs in part of the majority

Document 15

From: Lewis F. Powell
To: Conference
Copied: None
On: May 10th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 12th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 17

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 15th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 18

From: William H. Rehnquist
To: Conference
Copied: None
On: May 23rd, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: Lewis F. Powell
To: Conference
Copied: None
On: May 23rd, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 20

From: Lewis F. Powell
To: Conference
Copied: None
On: May 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 21

From: Lewis F. Powell
To: Conference
Copied: None
On: May 25th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 22

From: William H. Rehnquist
To: Conference
Copied: None
On: May 26th, 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