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Baldasar V. Illinois (1979)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: December 7th, 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: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Potter Stewart, John Paul Stevens
On: December 10th, 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 3

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Potter Stewart, John Paul Stevens
On: December 11th, 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 4

From: Lewis F. Powell
To: Conference
Copied: None
On: January 4th, 1980
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 5

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 4th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 6

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: January 7th, 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: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: January 7th, 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 8

From: Potter Stewart
To: Conference
Copied: None
On: January 8th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 9

From: Thurgood Marshall
To: Potter Stewart
Copied: Conference
On: January 10th, 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 10

From: John Paul Stevens
To: Conference
Copied: None
On: January 17th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 11

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: January 18th, 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 12

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: February 1st, 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 13

From: Lewis F. Powell
To: Conference
Copied: None
On: February 4th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: February 6th, 1980
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
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 15

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: February 14th, 1980
Action: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice

Document 16

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: February 14th, 1980
Action: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice
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 17

From: Potter Stewart
To: Conference
Copied: None
On: February 19th, 1980
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 18

From: Potter Stewart
To: Conference
Copied: None
On: February 19th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 19

From: Potter Stewart
To: Conference
Copied: None
On: February 19th, 1980
Action: Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)
Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)

Document 20

From: Potter Stewart
To: William J. Brennan, Jr., John Paul Stevens
Copied: None
On: February 21st, 1980
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 21

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: Conference
On: February 21st, 1980
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 Separate Opinion
Memo states includes a justice's suggestion for a separate opinion (e.g., don't agree with reasoning of separate opinion; comment on separate opinion; will join separate opinion if; cannot join separate opinion; will be making suggestion to separate opinion). The identity of the separate opinion author who receives suggestion is located in the JOINED variable.
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.

Document 22

From: John Paul Stevens
To: Potter Stewart
Copied: Conference
On: February 21st, 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.
Action: Withdraw Dissenting Opinion
This includes withdrawn dissents in part and dissents at foot
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 23

From: Potter Stewart
To: Conference
Copied: None
On: February 22nd, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 24

From: Potter Stewart
To: Conference
Copied: None
On: February 22nd, 1980
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 25

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: February 25th, 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.
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 26

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 26th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 27

From: Lewis F. Powell
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 28

From: William H. Rehnquist
To: Lewis F. Powell
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 29

From: Byron R. White
To: Lewis F. Powell
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 30

From: Lewis F. Powell
To: Conference
Copied: None
On: March 17th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 31

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: March 20th, 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 32

From: Thurgood Marshall
To: Conference
Copied: None
On: April 7th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 33

From: Lewis F. Powell
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 34

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: April 8th, 1980
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 35

From: Thurgood Marshall
To: Conference
Copied: None
On: April 8th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 36

From: John Paul Stevens
To: Thurgood Marshall
Copied: Conference
On: April 8th, 1980
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 37

From: Lewis F. Powell
To: Conference
Copied: None
On: April 11th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 38

From: Thurgood Marshall
To: Conference
Copied: None
On: April 11th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 39

From: Lewis F. Powell
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 40

From: Potter Stewart
To: Conference
Copied: None
On: April 18th, 1980
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 41

From: Potter Stewart
To: Conference
Copied: None
On: April 18th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 42

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