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United States V. Apfelbaum (1979)

 

Document 1

From: William H. Rehnquist
To: Conference
Copied: None
On: January 29th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Potter Stewart
To: William H. Rehnquist
Copied: Conference
On: January 29th, 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: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: February 1st, 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: William H. Rehnquist
To: Conference
Copied: None
On: February 4th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: John Paul Stevens
To: William H. Rehnquist
Copied: Conference
On: February 5th, 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: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: February 7th, 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: 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.

Document 7

From: William J. Brennan, Jr.
To: William H. Rehnquist
Copied: Conference
On: February 7th, 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 8

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: February 8th, 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 9

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: February 12th, 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 10

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: February 13th, 1980
Action: Will Write Concurring Opinion
A memo where a justice states that he or she will circulate a concurring opinion draft, including that a concurring opinion will be out soon or that a revised draft of the concurring opinion will be circulated; this may also apply to opinions that concur in part or concur in the judgment or result
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: Harry A. Blackmun
To: Conference
Copied: None
On: February 14th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 12

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 15th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 13

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: February 21st, 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 14

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 27th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 15

From: William H. Rehnquist
To: Conference
Copied: None
On: March 11th, 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