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Orr V. Orr (1978)

 

Document 1

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: November 30th, 1978
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition
Action: Will Dissent If...
Justice states conditions for a dissent, including a dissent in part; memo may also state conditions for withdrawing a dissenting opinion

Document 2

From: Warren E. Burger
To: Conference
Copied: None
On: November 30th, 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 3

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 30th, 1978
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 4

From: Potter Stewart
To: Conference
Copied: None
On: November 30th, 1978
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 5

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: December 4th, 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 6

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: January 16th, 1979
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 7

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: January 16th, 1979
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 8

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 16th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 9

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: January 17th, 1979
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: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: January 17th, 1979
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: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: January 17th, 1979
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: January 18th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: January 18th, 1979
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: Harry A. Blackmun
To: Conference
Copied: None
On: January 22nd, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 15

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 23rd, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 16

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 26th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: William H. Rehnquist
To: Conference
Copied: None
On: February 8th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 18

From: William H. Rehnquist
To: Conference
Copied: None
On: February 9th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: John Paul Stevens
To: Conference
Copied: None
On: February 9th, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 20

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 9th, 1979
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: John Paul Stevens
To: Conference
Copied: None
On: February 9th, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 22

From: William H. Rehnquist
To: Conference
Copied: None
On: February 13th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 23

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 15th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 24

From: Lewis F. Powell
To: Conference
Copied: None
On: February 22nd, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 25

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 26th, 1979
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 26

From: Lewis F. Powell
To: Conference
Copied: None
On: February 28th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 27

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: March 1st, 1979
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 28

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 2nd, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 29

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 7th, 1979
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