Show / Hide Files

American Export Lines, Inc. V. Alvez (1979)

 

Document 1

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: March 4th, 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

Document 2

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: March 4th, 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

Document 3

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: March 4th, 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

Document 4

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: March 4th, 1980
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 5

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: March 4th, 1980
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
Action: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice

Document 6

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: March 4th, 1980
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
Action: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice

Document 7

From: Potter Stewart
To: Thurgood Marshall
Copied: William H. Rehnquist
On: March 5th, 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 8

From: Thurgood Marshall
To: Potter Stewart
Copied: William H. Rehnquist
On: March 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 9

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 9th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: April 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 11

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: April 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 12

From: Harry A. Blackmun
To: William J. Brennan, Jr.
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 13

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

From: Lewis F. Powell
To: Potter Stewart
Copied: William H. Rehnquist
On: April 14th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 15

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: April 15th, 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 16

From: Lewis F. Powell
To: Conference
Copied: None
On: April 16th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 17

From: William H. Rehnquist
To: Thurgood Marshall
Copied: Conference
On: April 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 18

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

Document 19

From: Lewis F. Powell
To: Conference
Copied: None
On: April 23rd, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 20

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 23rd, 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: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 25th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 22

From: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: April 30th, 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 23

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

Document 24

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: May 7th, 1980
Action: Concur in Judgment at Foot
This refers to a letter where a justice asks that a concurrence in judgment or the result be noted at the foot of an opinion, including a concur in judgment or result in part at foot

Document 25

From: Thurgood Marshall
To: Conference
Copied: None
On: May 9th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 26

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 9th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 27

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 12th, 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