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Will V. Calvert Fire Insurance Co. (1977)

 

Document 1

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: April 24th, 1978
Action: Majority Opinion Assignment
This may be an assignment of either the majority opinion or a memorandum opinion; memo may state that a justice has agreed to undertake the opinion of the Court; memo reassigns the case

Document 2

From: William H. Rehnquist
To: Conference
Copied: None
On: May 17th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Thurgood Marshall
To: William H. Rehnquist
Copied: Conference
On: May 17th, 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 4

From: John Paul Stevens
To: William H. Rehnquist
Copied: Conference
On: May 17th, 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: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: May 17th, 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 6

From: Potter Stewart
To: William H. Rehnquist
Copied: Conference
On: May 17th, 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 7

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: May 18th, 1978
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 8

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: May 18th, 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 9

From: William H. Rehnquist
To: Thurgood Marshall
Copied: Conference
On: May 22nd, 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 10

From: Thurgood Marshall
To: William H. Rehnquist
Copied: Conference
On: May 23rd, 1978
Action: Join Judgment of Court
Memos where a justice states that they join the judgment or result of the Court or where they join part of the judgment

Document 11

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 25th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 12

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 30th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 13

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 31st, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 14

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 12th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 15

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: June 13th, 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.
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 16

From: Warren E. Burger
To: Conference
Copied: None
On: June 14th, 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 17

From: Warren E. Burger
To: Conference
Copied: None
On: June 14th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 18

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: June 15th, 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: Warren E. Burger
To: Conference
Copied: None
On: June 15th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 20

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 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: William H. Rehnquist
To: Harry A. Blackmun
Copied: None
On: June 15th, 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: Harry A. Blackmun
Copied: None
On: June 15th, 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 23

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: None
On: June 16th, 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
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: William H. Rehnquist
To: Conference
Copied: None
On: June 16th, 1978
Action: Vote Line-Up
This includes a copy of the suggested vote line-up in case (for final vote coalitions in case); this does not include memos about opinion writing, but only refers to how the vote will be reported on the final opinion

Document 25

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 16th, 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 26

From: Harry A. Blackmun
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 27

From: William H. Rehnquist
To: Conference
Copied: None
On: June 19th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 28

From: William H. Rehnquist
To: Conference
Copied: None
On: June 23rd, 1978
Action: Proposes Disposition of Held Cases
Memo lists cases held for an opinion and gives cert votes or votes on the merits for the held cases; justice may state that held cases should be discussed at conference