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United States V. Payner (1979)

 

Document 1

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Harry A. Blackmun
On: March 4th, 1980
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: Harry A. Blackmun
On: March 4th, 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 3

From: Lewis F. Powell
To: Conference
Copied: None
On: April 10th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: Warren E. Burger
To: Conference
Copied: None
On: April 11th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 5

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: April 11th, 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: 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 6

From: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: April 11th, 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 7

From: John Paul Stevens
To: Lewis F. Powell
Copied: None
On: April 11th, 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: 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 8

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: April 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 9

From: Lewis F. Powell
To: Conference
Copied: None
On: April 14th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: April 14th, 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 11

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: April 14th, 1980
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 12

From: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: April 14th, 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: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: April 14th, 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 14

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: April 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 15

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: April 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 16

From: Warren E. Burger
To: Conference
Copied: None
On: April 17th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 17

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

Document 18

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: June 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 19

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: June 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 20

From: Lewis F. Powell
To: Conference
Copied: None
On: June 18th, 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 21

From: Thurgood Marshall
To: Conference
Copied: None
On: June 20th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 22

From: Lewis F. Powell
To: Conference
Copied: None
On: June 20th, 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 23

From: Lewis F. Powell
To: Conference
Copied: None
On: June 20th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 24

From: Warren E. Burger
To: Conference
Copied: None
On: June 23rd, 1980
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 25

From: Lewis F. Powell
To: Conference
Copied: None
On: July 3rd, 1980
Action: Memorandum Opinion Author's Response (not assigned author)
Memorandum Opinion Author's Response (not assigned author)
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