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New York Telephone Co. V. New York State Department Of Labor (1978)

 

Document 1

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: October 28th, 1978
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal
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 2

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: November 8th, 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 3

From: John Paul Stevens
To: Conference
Copied: None
On: December 29th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: January 2nd, 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 5

From: Potter Stewart
To: John Paul Stevens
Copied: Conference
On: January 3rd, 1979
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 6

From: Byron R. White
To: John Paul Stevens
Copied: Conference
On: January 3rd, 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: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: January 3rd, 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: Lewis F. Powell
To: Potter Stewart
Copied: None
On: January 4th, 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: Harry A. Blackmun
To: John Paul Stevens
Copied: Conference
On: January 18th, 1979
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 10

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 24th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 11

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 25th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 12

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: February 14th, 1979
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 13

From: Lewis F. Powell
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 14

From: John Paul Stevens
To: Conference
Copied: None
On: February 16th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: February 22nd, 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: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 23rd, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 17

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 27th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 18

From: Lewis F. Powell
To: Conference
Copied: None
On: March 1st, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: March 13th, 1979
Action: May Join Dissent
Memos where a justice expresses the inclination to join a dissenting opinion, including joining the dissent in part; memos may also state a justice’s intention to join a dissent if another justice writes or circulates one; memos may also state that a justice expects to join or tentatively joins a dissent

Document 20

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: March 15th, 1979
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 21

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: March 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 22

From: John Paul Stevens
To: Conference
Copied: None
On: March 15th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 23

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 16th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 24

From: John Paul Stevens
To: Conference
Copied: None
On: March 28th, 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