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Consolidated Edison Co. Of New York V. Public Service Commission Of New York (1979)

 

Document 1

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: None
On: March 19th, 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 2

From: Lewis F. Powell
To: Conference
Copied: None
On: May 12th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: May 12th, 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 4

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: May 13th, 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 5

From: Thurgood Marshall
To: Lewis F. Powell
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 6

From: Lewis F. Powell
To: Conference
Copied: None
On: May 15th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: May 15th, 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: Lewis F. Powell
Copied: None
On: May 16th, 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 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: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: May 16th, 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: Lewis F. Powell
To: John Paul Stevens
Copied: None
On: May 21st, 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 11

From: John Paul Stevens
To: Lewis F. Powell
Copied: None
On: May 21st, 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 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 12

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 3rd, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: Conference
On: June 3rd, 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 14

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 4th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 15

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: June 4th, 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 16

From: John Paul Stevens
To: Conference
Copied: None
On: June 10th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 17

From: Thurgood Marshall
To: Conference
Copied: None
On: June 11th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 18

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 19

From: Thurgood Marshall
To: Conference
Copied: None
On: June 12th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 20

From: Lewis F. Powell
To: Conference
Copied: None
On: June 13th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 21

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 13th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 22

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 13th, 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 23

From: John Paul Stevens
To: Conference
Copied: None
On: June 16th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 24

From: Thurgood Marshall
To: Conference
Copied: None
On: June 17th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft