Show / Hide Files

Rakas V. Illinois (1978)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: October 7th, 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

Document 2

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Thurgood Marshall, John Paul Stevens
On: October 11th, 1978
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: William H. Rehnquist
To: Warren E. Burger, Potter Stewart, Harry A. Blackmun
Copied: None
On: October 17th, 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 4

From: Potter Stewart
To: William H. Rehnquist
Copied: Warren E. Burger, Harry A. Blackmun, Lewis F. Powell
On: October 18th, 1978
Action: May Join Memorandum Opinion (Author is Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion drafted by the assigned opinion author (e.g., could go along with memorandum opinion; agrees generally with memorandum opinion; agree tentatively with memorandum opinion; will join memorandum opinion if it becomes majority opinion)

Document 5

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Warren E. Burger, Potter Stewart, Lewis F. Powell
On: October 18th, 1978
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority opinion).

Document 6

From: Warren E. Burger
To: William H. Rehnquist
Copied: Potter Stewart, Harry A. Blackmun, Lewis F. Powell
On: October 19th, 1978
Action: Await Majority Opinion
Justice says they await writing of majority opinion

Document 7

From: William H. Rehnquist
To: Conference
Copied: None
On: November 3rd, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: November 4th, 1978
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: Thurgood Marshall
To: William H. Rehnquist
Copied: Conference
On: November 6th, 1978
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 10

From: Potter Stewart
To: William H. Rehnquist
Copied: Conference
On: November 6th, 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 11

From: Byron R. White
To: Conference
Copied: None
On: November 7th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: November 8th, 1978
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: Byron R. White
To: Conference
Copied: None
On: November 9th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 14

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: November 9th, 1978
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: John Paul Stevens
To: Byron R. White
Copied: Conference
On: November 9th, 1978
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: William H. Rehnquist
To: Conference
Copied: None
On: November 11th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: Potter Stewart
To: William H. Rehnquist
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 18

From: Byron R. White
To: Conference
Copied: None
On: November 14th, 1978
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: Conference
Copied: None
On: November 15th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 20

From: Warren E. Burger
To: William H. Rehnquist
Copied: Potter Stewart, Harry A. Blackmun, Lewis F. Powell
On: November 16th, 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 21

From: William H. Rehnquist
To: Warren E. Burger
Copied: Potter Stewart, Harry A. Blackmun, Lewis F. Powell
On: November 17th, 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 22

From: Lewis F. Powell
To: Conference
Copied: None
On: November 20th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 23

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: November 21st, 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 24

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: None
On: November 21st, 1978
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 25

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: November 21st, 1978
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 26

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: November 27th, 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 27

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: November 28th, 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: William H. Rehnquist
Copied: Warren E. Burger, Harry A. Blackmun, Lewis F. Powell
On: November 29th, 1978
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority opinion).

Document 29

From: William H. Rehnquist
To: Warren E. Burger, Potter Stewart, Harry A. Blackmun
Copied: None
On: November 29th, 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 30

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Warren E. Burger, Potter Stewart, Lewis F. Powell
On: November 29th, 1978
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority opinion).

Document 31

From: Byron R. White
To: Conference
Copied: None
On: November 30th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 32

From: William H. Rehnquist
To: Conference
Copied: None
On: November 30th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 33

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Warren E. Burger, Potter Stewart, Harry A. Blackmun
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.

Document 34

From: Byron R. White
To: Conference
Copied: None
On: November 30th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 35

From: Lewis F. Powell
To: Conference
Copied: None
On: November 30th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 36

From: John Paul Stevens
To: William H. Rehnquist
Copied: Conference
On: January 8th, 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: Case Should be Reargued
Includes statement that maybe case should be reargued

Document 37

From: William H. Rehnquist
To: Conference
Copied: None
On: January 9th, 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

Document 38

From: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: January 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