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O'bannon V. Town Court Nursing Center (1979)

 

Document 1

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 4th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Potter Stewart
To: Harry A. Blackmun
Copied: Conference
On: April 9th, 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: 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 3

From: John Paul Stevens
To: Conference
Copied: None
On: April 9th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 4

From: Potter Stewart
To: Conference
Copied: None
On: April 9th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 5

From: John Paul Stevens
To: Harry A. Blackmun
Copied: Conference
On: April 9th, 1980
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
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 6

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 17th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 17th, 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 8

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: Conference
On: April 18th, 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 9

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: April 23rd, 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 10

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: April 23rd, 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 11

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: April 23rd, 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

Document 12

From: Byron R. White
To: Harry A. Blackmun
Copied: Conference
On: April 23rd, 1980
Action: Undecided
Justice states that he or she is undecided, including phrases like not ready to commit, need more time, not at rest, or to consider further

Document 13

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: April 24th, 1980
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 14

From: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: June 2nd, 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 15

From: Thurgood Marshall
To: John Paul Stevens
Copied: Conference
On: June 2nd, 1980
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 16

From: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: June 2nd, 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 17

From: John Paul Stevens
To: Conference
Copied: None
On: June 2nd, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 18

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: June 2nd, 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 19

From: Byron R. White
To: John Paul Stevens
Copied: Conference
On: June 3rd, 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 20

From: Potter Stewart
To: John Paul Stevens
Copied: Conference
On: June 4th, 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 21

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 5th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 22

From: John Paul Stevens
To: Conference
Copied: None
On: June 11th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 23

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: June 17th, 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 24

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 18th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 25

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 23rd, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 26

From: John Paul Stevens
To: Conference
Copied: None
On: June 23rd, 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