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New Jersey V. Portash (1978)

 

Document 1

From: Potter Stewart
To: Conference
Copied: None
On: January 5th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Byron R. White
To: Potter Stewart
Copied: Conference
On: January 5th, 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 3

From: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: January 8th, 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.
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 4

From: Potter Stewart
To: Conference
Copied: None
On: January 9th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: John Paul Stevens
To: Potter Stewart
Copied: Conference
On: January 9th, 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 6

From: William H. Rehnquist
To: Potter Stewart
Copied: Harry A. Blackmun
On: January 11th, 1979
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: 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

Document 7

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: Conference
On: January 11th, 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.
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 8

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 12th, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 9

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: January 15th, 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 10

From: Potter Stewart
To: Conference
Copied: None
On: January 16th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 11

From: William H. Rehnquist
To: Potter Stewart
Copied: Conference
On: January 16th, 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.
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
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 12

From: Lewis F. Powell
To: Conference
Copied: None
On: January 18th, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 13

From: Lewis F. Powell
To: Conference
Copied: None
On: January 22nd, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 14

From: William H. Rehnquist
To: Lewis F. Powell
Copied: None
On: January 23rd, 1979
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 15

From: Lewis F. Powell
To: Conference
Copied: None
On: January 24th, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 16

From: Harry A. Blackmun
To: Potter Stewart
Copied: None
On: February 9th, 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 17

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 15th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 18

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 16th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: None
On: February 21st, 1979
Action: Memo Regarding Meeting Time, Place or Agenda
Memo may suggest that the justice talk or discuss an issue at conference; memo may maintain that no further conference discussion is needed; memo may state that a justice will be away

Document 20

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: March 13th, 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.