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Scott V. Illinois (1978)

 

Document 1

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: None provided.
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 2

From: William H. Rehnquist
To: Conference
Copied: None
On: January 12th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Potter Stewart
To: William H. Rehnquist
Copied: Conference
On: January 15th, 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 4

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: January 15th, 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 5

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: January 16th, 1979
Action: May Write Concurring Opinion
A memo where a justice states that he or she may (or will likely) write a concurring opinion; this also applies to opinions that concur in part, concurrences in judgment, or concurrences at foot.

Document 6

From: William J. Brennan, Jr.
To: William H. Rehnquist
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 7

From: Thurgood Marshall
To: William H. Rehnquist
Copied: Conference
On: January 17th, 1979
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 8

From: Warren E. Burger
To: William H. Rehnquist
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 9

From: Lewis F. Powell
To: Conference
Copied: None
On: January 26th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 10

From: William H. Rehnquist
To: Conference
Copied: None
On: January 29th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 11

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 7th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: February 12th, 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 13

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: February 12th, 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 14

From: Lewis F. Powell
To: Conference
Copied: None
On: February 12th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 15

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 14th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 16

From: Lewis F. Powell
To: Conference
Copied: None
On: February 15th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 17

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: February 22nd, 1979
Action: May Write Concurring Opinion
A memo where a justice states that he or she may (or will likely) write a concurring opinion; this also applies to opinions that concur in part, concurrences in judgment, or concurrences at foot.

Document 18

From: Lewis F. Powell
To: Conference
Copied: None
On: February 26th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 19

From: William J. Brennan, Jr.
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 20

From: William H. Rehnquist
To: Conference
Copied: None
On: March 14th, 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