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Michigan V. Doran (1978)

 

Document 1

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: None provided.
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 2

From: Warren E. Burger
To: Conference
Copied: None
On: October 31st, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: November 1st, 1978
Action: Join Majority If...
Justice sends memo to majority opinion author that states that the conditions under which the justice can or will not join the majority opinion; this includes memos with language like will join if..., will join the majority opinion if author makes changes suggested by another justice, or will join part of majority opinion if...; these memos may also state that a justice cannot join majority opinion if..., or could not join an opinion with a particular point, will withdraw join if...
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: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: November 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: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: November 1st, 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 6

From: Warren E. Burger
To: Conference
Copied: None
On: November 2nd, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: November 3rd, 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: Warren E. Burger
To: Conference
Copied: None
On: November 6th, 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: Harry A. Blackmun
To: Conference
Copied: None
On: November 6th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 10

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: November 6th, 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: Will Write Concurring Opinion
A memo where a justice states that he or she will circulate a concurring opinion draft, including that a concurring opinion will be out soon or that a revised draft of the concurring opinion will be circulated; this may also apply to opinions that concur in part or concur in the judgment or result

Document 11

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: November 6th, 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: 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 12

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: November 7th, 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 13

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: November 7th, 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.

Document 14

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: November 7th, 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 15

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: None
On: November 7th, 1978
Action: May Join Concurrence
Memos where a justice expresses the inclination to join a concurring opinion, including a concurrence in the judgment or result.

Document 16

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: None
On: November 7th, 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 17

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: None
On: November 7th, 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 18

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: November 7th, 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 19

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: November 7th, 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 20

From: Harry A. Blackmun
To: Conference
Copied: None
On: November 7th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 21

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: None
On: November 7th, 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 22

From: Warren E. Burger
To: Conference
Copied: None
On: November 8th, 1978
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 23

From: Warren E. Burger
To: Conference
Copied: None
On: November 8th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 24

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: November 9th, 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 25

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: November 9th, 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: Join Majority If...
Justice sends memo to majority opinion author that states that the conditions under which the justice can or will not join the majority opinion; this includes memos with language like will join if..., will join the majority opinion if author makes changes suggested by another justice, or will join part of majority opinion if...; these memos may also state that a justice cannot join majority opinion if..., or could not join an opinion with a particular point, will withdraw join if...

Document 26

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: November 9th, 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 27

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: November 9th, 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 28

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: November 9th, 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 29

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: November 13th, 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 30

From: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: November 13th, 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 31

From: Warren E. Burger
To: Conference
Copied: None
On: November 14th, 1978
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 32

From: Warren E. Burger
To: Conference
Copied: None
On: November 14th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 33

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: November 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
Action: Will Write Concurring Opinion
A memo where a justice states that he or she will circulate a concurring opinion draft, including that a concurring opinion will be out soon or that a revised draft of the concurring opinion will be circulated; this may also apply to opinions that concur in part or concur in the judgment or result

Document 34

From: Harry A. Blackmun
To: William J. Brennan, Jr., Thurgood Marshall
Copied: None
On: December 12th, 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 35

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: None
On: December 13th, 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 36

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: December 13th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 37

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: December 13th, 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 38

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 14th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 39

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: December 14th, 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 40

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: December 15th, 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