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Richmond Newspapers, Inc. V. Virginia (1979)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: May 27th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Warren E. Burger
To: Conference
Copied: None
On: May 27th, 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 3

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: May 27th, 1980
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 4

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 28th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 5

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: June 2nd, 1980
Action: May Join Majority Opinion
Memos where a justice states the intent to join the majority opinion later (e.g., may join majority; will probably join majority; could join majority; agree tentatively; inclined to join; close to joining; agrees generally; agree with most of opinion; in basic agreement; intend to join; am prepared to join; expect to join; expect to join part of majority opinion; join unless someone else dissents; will join majority opinion if no majority exists; join unless someone else persuades me
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"
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 6

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 2nd, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 7

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: June 6th, 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 8

From: Warren E. Burger
To: Conference
Copied: None
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 9

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 6th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 10

From: John Paul Stevens
To: Conference
Copied: None
On: June 9th, 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 11

From: John Paul Stevens
To: Conference
Copied: None
On: June 9th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 12

From: Warren E. Burger
To: Conference
Copied: None
On: June 11th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: Warren E. Burger
To: Conference
Copied: None
On: June 11th, 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 14

From: Potter Stewart
To: Conference
Copied: None
On: June 16th, 1980
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 15

From: Potter Stewart
To: Conference
Copied: None
On: June 16th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 16

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: June 17th, 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 17

From: William H. Rehnquist
To: Conference
Copied: None
On: June 19th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 18

From: Warren E. Burger
To: John Paul Stevens
Copied: Potter Stewart, Harry A. Blackmun
On: June 19th, 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 19

From: Byron R. White
To: Conference
Copied: None
On: June 23rd, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 20

From: Warren E. Burger
To: Conference
Copied: None
On: June 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
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 21

From: Warren E. Burger
To: Conference
Copied: None
On: June 23rd, 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 22

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 24th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 23

From: Potter Stewart
To: Conference
Copied: None
On: June 25th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 24

From: John Paul Stevens
To: Conference
Copied: None
On: June 25th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 25

From: Byron R. White
To: Conference
Copied: None
On: June 25th, 1980
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 26

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

Document 27

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 27th, 1980
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 28

From: William H. Rehnquist
To: Conference
Copied: None
On: June 27th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 29

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

Document 30

From: William H. Rehnquist
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