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Oscar Mayer & Co. V. Evans (1978)

 

Document 1

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 4th, 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 2

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 4th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: April 5th, 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

Document 4

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: April 5th, 1979
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 5

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: April 5th, 1979
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
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: 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 6

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: April 6th, 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 7

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: April 6th, 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

Document 8

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: April 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

Document 9

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: April 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 10

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 10th, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 11

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

Document 12

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: April 16th, 1979
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 13

From: William J. Brennan, Jr.
To: William H. Rehnquist
Copied: Conference
On: April 17th, 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 14

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: April 17th, 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: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: April 21st, 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: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 16

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: April 23rd, 1979
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 17

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: May 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 18

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: May 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 19

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

Document 20

From: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: May 14th, 1979
Action: Join Concur in Part and Dissent in Part
Memos where justices state that they join an opinion that concurs in part and dissents in part; alternatively, the opinion that is joined might concur in judgment and dissent. The identity of the opinion author who receives the join is located in the JOINED variable.

Document 21

From: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: May 14th, 1979
Action: Join Concur in Part and Dissent in Part
Memos where justices state that they join an opinion that concurs in part and dissents in part; alternatively, the opinion that is joined might concur in judgment and dissent. The identity of the opinion author who receives the join is located in the JOINED variable.

Document 22

From: John Paul Stevens
To: Conference
Copied: None
On: May 14th, 1979
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 23

From: John Paul Stevens
To: Conference
Copied: None
On: May 15th, 1979
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 24

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 15th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 25

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: May 16th, 1979
Action: Join Concur in Part and Dissent in Part
Memos where justices state that they join an opinion that concurs in part and dissents in part; alternatively, the opinion that is joined might concur in judgment and dissent. The identity of the opinion author who receives the join is located in the JOINED variable.

Document 26

From: John Paul Stevens
To: Conference
Copied: None
On: May 16th, 1979
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 27

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 22nd, 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