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Electrical Workers V. Foust (1978)

 

Document 1

From: Byron R. White
To: Conference
Copied: None
On: September 26th, 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: May Write Dissenting Opinion
A memo where a justice states that he or she may (or will likely) write a dissenting opinion (e.g., considering a dissent, expects to write dissent, will probably write dissent, may write dissent in part, inclined to dissent, shall likely be in dissent, may not write dissent, and hope not to write dissent)

Document 2

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: September 28th, 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 3

From: Byron R. White
To: Conference
Copied: None
On: September 28th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 4

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: April 26th, 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 5

From: Thurgood Marshall
To: Conference
Copied: None
On: April 26th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: April 27th, 1979
Action: Will Write "Separate Opinion"
A memo where a justice states that he or she will circulate a "separate opinion" draft, including that a "separate opinion" will be out soon or that a revised draft of the "separate opinion" will be circulated

Document 7

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: April 27th, 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: John Paul Stevens
To: Conference
Copied: None
On: April 27th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 9

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: April 27th, 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: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: April 27th, 1979
Action: Join Majority If...
Justice sends memo to majority opinion author that states that the conditions under which the justice can or will not join the majority opinion; this includes memos with language like will join if..., will join the majority opinion if author makes changes suggested by another justice, or will join part of majority opinion if...; these memos may also state that a justice cannot join majority opinion if..., or could not join an opinion with a particular point, will withdraw join if...
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 11

From: John Paul Stevens
To: Thurgood Marshall
Copied: Conference
On: April 27th, 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
Action: May Join Concurrence
Memos where a justice expresses the inclination to join a concurring opinion, including a concurrence in the judgment or result.

Document 12

From: Thurgood Marshall
To: Conference
Copied: None
On: April 30th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: May 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.

Document 14

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 8th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 15

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: Conference
On: May 8th, 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.
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 16

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 9th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 17

From: John Paul Stevens
To: Harry A. Blackmun
Copied: Conference
On: May 9th, 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.
Action: Withdraw Concurring Opinion
This includes withdrawn concurrences in part, concurrence in judgment, and concurrence at foot

Document 18

From: Thurgood Marshall
To: Conference
Copied: None
On: May 9th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 10th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 20

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: May 23rd, 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.