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Jones V. Wolf (1978)

 

Document 1

From: Lewis F. Powell
To: Conference
Copied: None
On: March 16th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: March 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 3

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: March 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 4

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: March 19th, 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: Will Write Concurring Opinion
A memo where a justice states that he or she will circulate a concurring opinion draft, including that a concurring opinion will be out soon or that a revised draft of the concurring opinion will be circulated; this may also apply to opinions that concur in part or concur in the judgment or result

Document 5

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: March 22nd, 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: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: March 23rd, 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 7

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: None
On: March 23rd, 1979
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 8

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: March 23rd, 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 9

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 23rd, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 10

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 26th, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 11

From: Lewis F. Powell
To: Conference
Copied: None
On: April 3rd, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 10th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 10th, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 14

From: Lewis F. Powell
To: Conference
Copied: None
On: April 10th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: Conference
On: April 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 16

From: John Paul Stevens
To: Harry A. Blackmun
Copied: Conference
On: April 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 17

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: April 16th, 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 18

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 18th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 20th, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 20

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 20th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 21

From: Lewis F. Powell
To: Conference
Copied: None
On: April 24th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 22

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: None
On: April 26th, 1979
Action: Separate Opinion Author's Response
Circulation of Change to Separate Opinion (e.g., footnote, portion of opinion, adding paragraph); this occurs in a memo, not on a draft opinion; circulation of change to unlabeled opinion

Document 23

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: May 1st, 1979
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 24

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: May 2nd, 1979
Action: Concurring Opinion Author's Response
May be response to a suggestion, the majority opinion, another separate opinion; it may say the author made changes and see the attached opinion; it may indicate the opinion has been changed although not prompted by someone else

Document 25

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: May 2nd, 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 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...

Document 26

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Warren E. Burger
On: May 5th, 1979
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 27

From: Harry A. Blackmun
To: William H. Rehnquist, John Paul Stevens
Copied: None
On: May 28th, 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
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 28

From: Harry A. Blackmun
To: William J. Brennan, Jr., Thurgood Marshall
Copied: None
On: May 28th, 1979
Action: Will Circulate Majority Opinion
A memo where a justice states that he or she will circulate a majority opinion draft, including that an opinion will be out soon or that the author will revise majority opinion without stating the changes

Document 29

From: John Paul Stevens
To: Harry A. Blackmun
Copied: William J. Brennan, Jr., Thurgood Marshall, William H. Rehnquist
On: May 29th, 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 30

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 29th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 31

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: John Paul Stevens
On: May 29th, 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 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 32

From: Thurgood Marshall
To: Harry A. Blackmun
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 33

From: John Paul Stevens
To: Harry A. Blackmun
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 34

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 30th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 35

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: May 31st, 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 36

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: Conference
On: May 31st, 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: 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 37

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: Conference
On: June 5th, 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 38

From: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: June 14th, 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 39

From: Lewis F. Powell
To: Conference
Copied: None
On: June 14th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 40

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: June 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 41

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: June 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 42

From: Harry A. Blackmun
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 43

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 20th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 44

From: Lewis F. Powell
To: Conference
Copied: None
On: June 20th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 45

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 22nd, 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 46

From: Lewis F. Powell
To: Conference
Copied: None
On: June 26th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 47

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 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 48

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 28th, 1979
Action: Will Not Modify Majority Opinion
A memo where a justice states that he or she will not change the majority opinion or will not circulate another draft of the majority opinion. This is not in response to a justice’s suggestion, which is coded 806.

Document 49

From: Lewis F. Powell
To: Conference
Copied: None
On: June 28th, 1979
Action: Dissenting Opinion Author's Response
May be a response to a suggestion, majority opinion, or another separate opinion; it may say the author made changes and see the attached opinion; it may indicate the opinion has been changed although not prompted by someone else

Document 50

From: Lewis F. Powell
To: Conference
Copied: None
On: June 29th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form