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United States V. Henry (1979)

 

Document 1

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: April 22nd, 1980
Action: Thank You Notes
Justices circulate memos thanking another justice for making a change to an opinion or thanking an author for considering a justice's suggestions

Document 2

From: Warren E. Burger
To: Conference
Copied: None
On: April 22nd, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: April 22nd, 1980
Action: May Write Dissenting Opinion
A memo where a justice states that he or she may (or will likely) write a dissenting opinion (e.g., considering a dissent, expects to write dissent, will probably write dissent, may write dissent in part, inclined to dissent, shall likely be in dissent, may not write dissent, and hope not to write dissent)

Document 4

From: Warren E. Burger
To: Conference
Copied: None
On: April 23rd, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: Warren E. Burger
To: Conference
Copied: None
On: April 23rd, 1980
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 6

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: April 23rd, 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 7

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: April 23rd, 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 8

From: John Paul Stevens
To: Warren E. Burger
Copied: Lewis F. Powell
On: April 29th, 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 9

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: April 29th, 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
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 10

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: April 29th, 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
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 11

From: Lewis F. Powell
To: Warren E. Burger
Copied: John Paul Stevens
On: April 29th, 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
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.

Document 12

From: Lewis F. Powell
To: Conference
Copied: None
On: April 29th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 13

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: April 30th, 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 14

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: May 2nd, 1980
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 15

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: May 6th, 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 16

From: William H. Rehnquist
To: Conference
Copied: None
On: May 8th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 17

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: May 10th, 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 18

From: Warren E. Burger
To: Conference
Copied: None
On: May 12th, 1980
Action: Will Circulate Majority Opinion
A memo where a justice states that he or she will circulate a majority opinion draft, including that an opinion will be out soon or that the author will revise majority opinion without stating the changes

Document 19

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: May 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 20

From: Warren E. Burger
To: Conference
Copied: None
On: May 28th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 21

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: May 28th, 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 22

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: May 29th, 1980
Action: Will Not Modify Majority Opinion
A memo where a justice states that he or she will not change the majority opinion or will not circulate another draft of the majority opinion. This is not in response to a justice’s suggestion, which is coded 806.

Document 23

From: Lewis F. Powell
To: Conference
Copied: None
On: May 29th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 24

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: May 29th, 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 "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 25

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: May 29th, 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.

Document 26

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: May 29th, 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).

Document 27

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: May 29th, 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: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: May 29th, 1980
Action: Thank You Notes
Justices circulate memos thanking another justice for making a change to an opinion or thanking an author for considering a justice's suggestions

Document 29

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: May 29th, 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 30

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 5th, 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 31

From: Byron R. White
To: Harry A. Blackmun
Copied: Conference
On: June 5th, 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 32

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 5th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 33

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: June 6th, 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: Disagrees with Opinion Author
Memo expresses a justice's disagreement with an opinion author's letter, proposal, or footnote

Document 34

From: Warren E. Burger
To: Conference
Copied: None
On: June 6th, 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 35

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: June 6th, 1980
Action: Will Circulate Majority Opinion
A memo where a justice states that he or she will circulate a majority opinion draft, including that an opinion will be out soon or that the author will revise majority opinion without stating the changes

Document 36

From: Warren E. Burger
To: Conference
Copied: None
On: June 9th, 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 37

From: Lewis F. Powell
To: Conference
Copied: None
On: June 10th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 38

From: Warren E. Burger
To: Conference
Copied: None
On: June 10th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 39

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 11th, 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: June 17th, 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