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Deposit Guaranty National Bank V. Roper (1979)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: November 1st, 1979
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 2

From: Warren E. Burger
To: Conference
Copied: None
On: November 2nd, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: November 5th, 1979
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: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: November 6th, 1979
Action: Await Opinion in Another Case
Await Opinion in Another Case

Document 5

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: November 6th, 1979
Action: Await Opinion in Another Case
Await Opinion in Another Case

Document 6

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: November 6th, 1979
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: Warren E. Burger
Copied: Conference
On: November 6th, 1979
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: 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: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: November 6th, 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 9

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: November 8th, 1979
Action: Await Opinion in Another Case
Await Opinion in Another Case

Document 10

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: November 9th, 1979
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 11

From: Warren E. Burger
To: Conference
Copied: None
On: November 16th, 1979
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 12

From: Warren E. Burger
To: Conference
Copied: None
On: November 16th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: November 26th, 1979
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 14

From: Warren E. Burger
To: Conference
Copied: None
On: November 28th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: November 29th, 1979
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: Will Concur If...
Justice states conditions for a concurrence, including a concurrence in part or concurrence in judgment; memo may also state conditions for withdrawing a concurring opinion

Document 16

From: Warren E. Burger
To: Conference
Copied: None
On: December 3rd, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: Lewis F. Powell
To: William H. Rehnquist
Copied: None
On: February 6th, 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 18

From: Lewis F. Powell
To: Conference
Copied: None
On: February 7th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: February 8th, 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: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: February 8th, 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 21

From: William H. Rehnquist
To: Conference
Copied: None
On: February 8th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 22

From: John Paul Stevens
To: Conference
Copied: None
On: February 11th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 23

From: John Paul Stevens
To: Conference
Copied: None
On: February 12th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 24

From: Lewis F. Powell
To: Conference
Copied: None
On: February 13th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 25

From: John Paul Stevens
To: Conference
Copied: None
On: February 14th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 26

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: February 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 27

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: February 15th, 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 28

From: Warren E. Burger
To: Conference
Copied: None
On: February 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 29

From: Harry A. Blackmun
To: Warren E. Burger
Copied: None
On: February 19th, 1980
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority 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
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 30

From: John Paul Stevens
To: Conference
Copied: None
On: February 21st, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 31

From: Warren E. Burger
To: Conference
Copied: None
On: February 21st, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 32

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: February 25th, 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 33

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: February 25th, 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 34

From: Lewis F. Powell
To: Conference
Copied: None
On: March 10th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 35

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: March 10th, 1980
Action: Dissenting Opinion Author's Response
May be a response to a suggestion, majority opinion, or 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 36

From: Potter Stewart
To: Lewis F. Powell
Copied: None
On: March 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 37

From: Warren E. Burger
To: Conference
Copied: None
On: March 12th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 38

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 13th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 39

From: Lewis F. Powell
To: Conference
Copied: None
On: March 13th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 40

From: Warren E. Burger
To: Conference
Copied: None
On: March 13th, 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 41

From: John Paul Stevens
To: Conference
Copied: None
On: March 13th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 42

From: Lewis F. Powell
To: John Paul Stevens
Copied: None
On: March 14th, 1980
Action: Dissenting Opinion Author's Response
May be a response to a suggestion, majority opinion, or 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 43

From: John Paul Stevens
To: Conference
Copied: None
On: March 14th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 44

From: Warren E. Burger
To: Conference
Copied: None
On: March 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 45

From: John Paul Stevens
To: Conference
Copied: None
On: March 14th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 46

From: Lewis F. Powell
To: Conference
Copied: None
On: March 14th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 47

From: Warren E. Burger
To: Conference
Copied: None
On: March 19th, 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