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Industrial Union Department, Afl-cio V. American Petroleum Institute (1979)

 

Document 1

From: Thurgood Marshall
To: Conference
Copied: None
On: January 25th, 1980
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 2

From: Thurgood Marshall
To: Conference
Copied: None
On: January 25th, 1980
Action: Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)
Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)

Document 3

From: Thurgood Marshall
To: Conference
Copied: None
On: February 6th, 1980
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 4

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: February 8th, 1980
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 5

From: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: February 15th, 1980
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 6

From: John Paul Stevens
To: Conference
Copied: None
On: May 6th, 1980
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 7

From: Thurgood Marshall
To: Conference
Copied: None
On: May 6th, 1980
Action: Suggestion to Memorandum Opinion (Author is not Assigned Justice)
This includes memos with suggestions and specific or general reservations to a memorandum opinion (or per curiam) not written by assigned opinion author; memos expressing agreement with another justice’s suggestion to the memorandum opinion; statements that justice disagrees with a memorandum opinion. The identity of the memorandum opinion author who receives suggestion is located in the JOINED variable.
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: William H. Rehnquist
To: Thurgood Marshall, John Paul Stevens
Copied: Conference
On: May 9th, 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: Suggestion to Memorandum Opinion (Author is not Assigned Justice)
This includes memos with suggestions and specific or general reservations to a memorandum opinion (or per curiam) not written by assigned opinion author; memos expressing agreement with another justice’s suggestion to the memorandum opinion; statements that justice disagrees with a memorandum opinion. The identity of the memorandum opinion author who receives suggestion is located in the JOINED variable.
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 9

From: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: May 9th, 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 10

From: Thurgood Marshall
To: Conference
Copied: None
On: May 12th, 1980
Action: Suggestion to Memorandum Opinion (Author is not Assigned Justice)
This includes memos with suggestions and specific or general reservations to a memorandum opinion (or per curiam) not written by assigned opinion author; memos expressing agreement with another justice’s suggestion to the memorandum opinion; statements that justice disagrees with a memorandum opinion. The identity of the memorandum opinion author who receives suggestion is located in the JOINED variable.

Document 11

From: Potter Stewart
To: John Paul Stevens
Copied: Conference
On: May 12th, 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 Memorandum Opinion (Author is not Assigned Justice)
This includes memos with suggestions and specific or general reservations to a memorandum opinion (or per curiam) not written by assigned opinion author; memos expressing agreement with another justice’s suggestion to the memorandum opinion; statements that justice disagrees with a memorandum opinion. The identity of the memorandum opinion author who receives suggestion is located in the JOINED variable.

Document 12

From: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: May 13th, 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: May Write Memorandum Opinion
A memo where a justice states that he or she may (or will likely) write a memorandum opinion

Document 13

From: William J. Brennan, Jr.
To: Thurgood Marshall, John Paul Stevens
Copied: Conference
On: May 13th, 1980
Action: May Join Memorandum Opinion (Author is not Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion (or per curiam opinion) written by a justice who was not assigned the opinion (e.g., agree and will join if it becomes opinion; agree with suggested order). The identity of the justice whose opinion is endorsed is located in the JOINED variable.
Action: Suggestion to Memorandum Opinion (Author is not Assigned Justice)
This includes memos with suggestions and specific or general reservations to a memorandum opinion (or per curiam) not written by assigned opinion author; memos expressing agreement with another justice’s suggestion to the memorandum opinion; statements that justice disagrees with a memorandum opinion. The identity of the memorandum opinion author who receives suggestion is located in the JOINED variable.
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 14

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: May 13th, 1980
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition
Action: Suggestion to Memorandum Opinion (Author is not Assigned Justice)
This includes memos with suggestions and specific or general reservations to a memorandum opinion (or per curiam) not written by assigned opinion author; memos expressing agreement with another justice’s suggestion to the memorandum opinion; statements that justice disagrees with a memorandum opinion. The identity of the memorandum opinion author who receives suggestion is located in the JOINED variable.

Document 15

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: May 20th, 1980
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.
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 16

From: William H. Rehnquist
To: Conference
Copied: None
On: June 17th, 1980
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 17

From: John Paul Stevens
To: Conference
Copied: None
On: June 17th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 18

From: Potter Stewart
To: John Paul Stevens
Copied: Conference
On: June 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 19

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: June 19th, 1980
Action: May Join Memorandum Opinion (Author is not Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion (or per curiam opinion) written by a justice who was not assigned the opinion (e.g., agree and will join if it becomes opinion; agree with suggested order). The identity of the justice whose opinion is endorsed is located in the JOINED variable.

Document 20

From: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: June 20th, 1980
Action: May Write Concurring Opinion
A memo where a justice states that he or she may (or will likely) write a concurring opinion; this also applies to opinions that concur in part, concurrences in judgment, or concurrences at foot.
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 21

From: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: June 20th, 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 22

From: Lewis F. Powell
To: Conference
Copied: None
On: June 23rd, 1980
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 23

From: Thurgood Marshall
To: Conference
Copied: None
On: June 23rd, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 24

From: William H. Rehnquist
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 25

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: June 23rd, 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 26

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: June 23rd, 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 27

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: June 23rd, 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 28

From: John Paul Stevens
To: Conference
Copied: None
On: June 24th, 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 29

From: John Paul Stevens
To: Conference
Copied: None
On: June 24th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 30

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: June 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 31

From: Lewis F. Powell
To: John Paul Stevens
Copied: None
On: June 25th, 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: Will Not Modify Separate Opinion
A memo where a justice states that he or she will not change a separate opinion, which includes all concurring, dissenting, or hybrid opinions

Document 32

From: Thurgood Marshall
To: Conference
Copied: None
On: June 25th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 33

From: Warren E. Burger
To: Conference
Copied: None
On: June 25th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 34

From: William H. Rehnquist
To: Conference
Copied: None
On: June 26th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 35

From: Warren E. Burger
To: Conference
Copied: None
On: June 26th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 36

From: Lewis F. Powell
To: Conference
Copied: None
On: June 27th, 1980
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 37

From: Warren E. Burger
To: Conference
Copied: None
On: June 27th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 38

From: Thurgood Marshall
To: Conference
Copied: None
On: June 30th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 39

From: Lewis F. Powell
To: Conference
Copied: None
On: June 30th, 1980
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 40

From: Warren E. Burger
To: Conference
Copied: None
On: June 30th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 41

From: Lewis F. Powell
To: Conference
Copied: None
On: June 30th, 1980
Action: Concurring Opinion Author's Response
May be response to a suggestion, the majority opinion, 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 42

From: Lewis F. Powell
To: Conference
Copied: None
On: July 1st, 1980
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part