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United States V. Clark (1979)

 

Document 1

From: Thurgood Marshall
To: Conference
Copied: None
On: January 21st, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: John Paul Stevens
To: Thurgood Marshall
Copied: Conference
On: January 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.

Document 3

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: January 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.

Document 4

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: January 22nd, 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 5

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: January 22nd, 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 6

From: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: January 24th, 1980
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 7

From: William H. Rehnquist
To: Thurgood Marshall
Copied: Conference
On: January 24th, 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 8

From: Potter Stewart
To: William H. Rehnquist
Copied: Conference
On: January 31st, 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 9

From: William H. Rehnquist
To: Conference
Copied: None
On: January 31st, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 10

From: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: February 1st, 1980
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...
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 11

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: February 5th, 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 12

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: February 12th, 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: 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 13

From: Lewis F. Powell
To: Conference
Copied: None
On: February 12th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 14

From: Thurgood Marshall
To: Conference
Copied: None
On: February 15th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: February 18th, 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 16

From: Lewis F. Powell
To: Conference
Copied: None
On: February 20th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 17

From: Lewis F. Powell
To: Conference
Copied: None
On: February 22nd, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft