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Rummel V. Estelle (1979)

 

Document 1

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: None
On: January 18th, 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 2

From: William J. Brennan, Jr.
To: Thurgood Marshall, John Paul Stevens
Copied: Lewis F. Powell
On: January 22nd, 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 3

From: William H. Rehnquist
To: Conference
Copied: None
On: February 14th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: February 19th, 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 H. Rehnquist
To: Conference
Copied: None
On: February 20th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: Lewis F. Powell
To: Conference
Copied: None
On: February 20th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 7

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: February 21st, 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 8

From: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: February 21st, 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: February 21st, 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 10

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: February 22nd, 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 11

From: William H. Rehnquist
To: Conference
Copied: None
On: February 22nd, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Lewis F. Powell
To: Conference
Copied: None
On: February 25th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: Potter Stewart
To: Conference
Copied: None
On: February 25th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 14

From: Potter Stewart
To: William H. Rehnquist
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: 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 15

From: Lewis F. Powell
To: Conference
Copied: None
On: February 29th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 16

From: William H. Rehnquist
To: Conference
Copied: None
On: March 5th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: March 10th, 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 18

From: Warren E. Burger
To: William H. Rehnquist
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: Potter Stewart
To: Conference
Copied: None
On: March 14th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 20

From: Lewis F. Powell
To: Conference
Copied: None
On: March 14th, 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 21

From: Lewis F. Powell
To: Conference
Copied: None
On: March 14th, 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

Document 22

From: William H. Rehnquist
To: Conference
Copied: None
On: March 26th, 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