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Columbus Board Of Education V. Penick (1978)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: April 30th, 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 2

From: Byron R. White
To: Conference
Copied: None
On: May 16th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: May 16th, 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 4

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: May 16th, 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: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: May 16th, 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 6

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: May 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 7

From: Byron R. White
To: Conference
Copied: None
On: May 21st, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: Byron R. White
To: Conference
Copied: None
On: May 22nd, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 9

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: May 28th, 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: Warren E. Burger
To: Byron R. White
Copied: Conference
On: June 7th, 1979
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 11

From: Potter Stewart
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 12

From: Potter Stewart
To: Conference
Copied: None
On: June 15th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 13

From: William H. Rehnquist
To: Conference
Copied: None
On: June 19th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 14

From: William H. Rehnquist
To: Conference
Copied: None
On: June 19th, 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 15

From: Byron R. White
To: Conference
Copied: None
On: June 19th, 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 16

From: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: June 19th, 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 17

From: Potter Stewart
To: Conference
Copied: None
On: June 20th, 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: William H. Rehnquist
Copied: Conference
On: June 20th, 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.
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 19

From: Lewis F. Powell
To: Conference
Copied: None
On: June 22nd, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 20

From: Warren E. Burger
To: Conference
Copied: None
On: June 25th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 21

From: Byron R. White
To: Conference
Copied: None
On: June 25th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 22

From: Warren E. Burger
To: Conference
Copied: None
On: June 26th, 1979
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 23

From: Lewis F. Powell
To: Conference
Copied: None
On: June 27th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 24

From: Lewis F. Powell
To: Conference
Copied: None
On: June 28th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 25

From: William H. Rehnquist
To: Conference
Copied: None
On: June 28th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 26

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: July 27th, 1979
Action: Vote on a Motion (e.g., to vacate stay order, to deny an injunction)
Would deny stay; retain stay; suggest they not act on a motion or order; should vacate order; comment on when they should vote on the motion

Document 27

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: July 27th, 1979
Action: Vote on a Motion (e.g., to vacate stay order, to deny an injunction)
Would deny stay; retain stay; suggest they not act on a motion or order; should vacate order; comment on when they should vote on the motion

Document 28

From: John Paul Stevens
To: Harry A. Blackmun
Copied: None
On: July 31st, 1979
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