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Mobile V. Bolden (1979)

 

Document 1

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Byron R. White, Harry A. Blackmun
On: November 13th, 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 2

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Byron R. White, Harry A. Blackmun
On: December 10th, 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 3

From: Potter Stewart
To: Lewis F. Powell
Copied: None
On: December 31st, 1979
Action: Thank You Notes
Justices circulate memos thanking another justice for making a change to an opinion or thanking an author for considering a justice's suggestions

Document 4

From: Potter Stewart
To: Conference
Copied: None
On: January 4th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: January 7th, 1980
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: 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 6

From: William H. Rehnquist
To: Potter Stewart
Copied: Conference
On: January 9th, 1980
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: John Paul Stevens
To: Potter Stewart
Copied: Conference
On: January 10th, 1980
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"
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: Potter Stewart
To: John Paul Stevens
Copied: Conference
On: January 11th, 1980
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: Potter Stewart
To: Conference
Copied: None
On: January 14th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: January 15th, 1980
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 11

From: Thurgood Marshall
To: Potter Stewart
Copied: Conference
On: January 17th, 1980
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 12

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: February 6th, 1980
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 13

From: Thurgood Marshall
To: Conference
Copied: None
On: February 22nd, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 14

From: Potter Stewart
To: Conference
Copied: None
On: February 25th, 1980
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 15

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: February 27th, 1980
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: Potter Stewart
To: Conference
Copied: None
On: February 27th, 1980
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 17

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: February 28th, 1980
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: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: March 11th, 1980
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: Byron R. White
To: Conference
Copied: None
On: March 12th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 20

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: March 13th, 1980
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: Potter Stewart
To: Conference
Copied: None
On: March 13th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 22

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 14th, 1980
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 23

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 18th, 1980
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 24

From: Thurgood Marshall
To: Conference
Copied: None
On: March 19th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 25

From: Byron R. White
To: Conference
Copied: None
On: March 19th, 1980
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: Conference
Copied: None
On: March 20th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 27

From: Thurgood Marshall
To: Conference
Copied: None
On: March 25th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 28

From: Potter Stewart
To: Conference
Copied: None
On: March 25th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 29

From: John Paul Stevens
To: Conference
Copied: None
On: March 28th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 30

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: April 2nd, 1980
Action: Will Not Write "Separate Opinion"
A memo where a justice states that he or she will not write a "separate opinion"
Action: Concur in Judgment at Foot
This refers to a letter where a justice asks that a concurrence in judgment or the result be noted at the foot of an opinion, including a concur in judgment or result in part at foot

Document 31

From: Potter Stewart
To: Conference
Copied: None
On: April 3rd, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 32

From: Thurgood Marshall
To: Conference
Copied: None
On: April 4th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 33

From: John Paul Stevens
To: Conference
Copied: None
On: April 4th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 34

From: Byron R. White
To: Conference
Copied: None
On: April 8th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 35

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 11th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 36

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: April 11th, 1980
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 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 37

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 14th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 38

From: Thurgood Marshall
To: Conference
Copied: None
On: April 16th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 39

From: Byron R. White
To: Conference
Copied: None
On: April 17th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 40

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 17th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 41

From: William J. Brennan, Jr.
To: Byron R. White, Thurgood Marshall
Copied: Conference
On: April 17th, 1980
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: Withdraw Join of Separate Opinion
This includes withdrawing joins of dissents and concurrences and withdrawing joins of part of a separate opinion. The identity of the separate opinion author whose opinion had previously been joined is located in the JOINED variable.

Document 42

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 18th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 43

From: Thurgood Marshall
To: Conference
Copied: None
On: April 18th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 44

From: Potter Stewart
To: Conference
Copied: None
On: May 6th, 1980
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 45

From: Thurgood Marshall
To: Conference
Copied: None
On: May 13th, 1980
Action: Attached Material Relevant to a Case
This may include memos about maps or pictures that will be incorporated in opinion; cover memo to circulation of some relevant non-case material for an opinion (e.g., newspaper article, related lower court opinion); memos may mention extra-court material that might be relevant (e.g., congressional hearings, a statute, other opinions that are somehow (perhaps tangentially) related to case at hand); circulation of clerk’s memo about case