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Nlrb V. Baptist Hospital, Inc. (1978)

 

Document 1

From: Warren E. Burger
To: Lewis F. Powell, Harry A. Blackmun, William H. Rehnquist
Copied: None
On: December 29th, 1978
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case

Document 2

From: Lewis F. Powell
To: Warren E. Burger, Harry A. Blackmun, William H. Rehnquist
Copied: None
On: December 29th, 1978
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case
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: Lewis F. Powell
To: Conference
Copied: None
On: December 29th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 4

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: January 2nd, 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 5

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: January 2nd, 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 6

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: None
On: April 26th, 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
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 7

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: April 27th, 1979
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 8

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: April 27th, 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 9

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: Byron R. White, Thurgood Marshall
On: May 1st, 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 10

From: Warren E. Burger
To: Conference
Copied: None
On: May 2nd, 1979
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 11

From: Lewis F. Powell
To: Conference
Copied: None
On: May 29th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: May 29th, 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 13

From: Potter Stewart
To: Lewis F. Powell
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 14

From: William H. Rehnquist
To: Lewis F. Powell
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 15

From: William J. Brennan, Jr.
To: Lewis F. Powell
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 16

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: May 30th, 1979
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 17

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: June 1st, 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: 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 18

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 1st, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 19

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 4th, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 20

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: June 11th, 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 21

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 11th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 22

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 11th, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 23

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: June 12th, 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 24

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: June 12th, 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 25

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 12th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 26

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 13th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 27

From: Lewis F. Powell
To: Conference
Copied: None
On: June 13th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 28

From: Warren E. Burger
To: Conference
Copied: None
On: June 14th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 29

From: Warren E. Burger
To: Conference
Copied: None
On: June 18th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 30

From: Warren E. Burger
To: Conference
Copied: None
On: June 19th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 31

From: Lewis F. Powell
To: Conference
Copied: None
On: June 20th, 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