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Michigan V. Defillippo (1978)

 

Document 1

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: March 5th, 1979
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 J. Brennan, Jr.
To: Thurgood Marshall, John Paul Stevens
Copied: None
On: March 6th, 1979
Action: Dissent Opinion Assignment
The memo may ask another justice to write a dissent; a justice may indicate that the dissent will not be assigned right now; memo responding to a dissent assignment (but not accepting assignment, which would be Code 204)

Document 3

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: March 6th, 1979
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
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: Warren E. Burger
To: Conference
Copied: None
On: May 29th, 1979
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 5

From: Warren E. Burger
To: Conference
Copied: None
On: May 29th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: May 30th, 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 7

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: May 30th, 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 8

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: May 30th, 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 9

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: May 30th, 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: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: June 4th, 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: Warren E. Burger
To: Conference
Copied: None
On: June 5th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Warren E. Burger
To: Conference
Copied: None
On: June 13th, 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 13

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 15th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 14

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: June 15th, 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 15

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: June 19th, 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 16

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 19th, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 17

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 20th, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 18

From: Warren E. Burger
To: Conference
Copied: None
On: June 20th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 22nd, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form