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Bryant V. Yellen (1979)

 

Document 1

From: John Paul Stevens
To: Conference
Copied: None
On: April 3rd, 1980
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 2

From: John Paul Stevens
To: Conference
Copied: None
On: April 3rd, 1980
Action: Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)
Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)

Document 3

From: Potter Stewart
To: John Paul Stevens
Copied: Conference
On: April 4th, 1980
Action: Case Should be Reargued
Includes statement that maybe case should be reargued

Document 4

From: Byron R. White
To: John Paul Stevens
Copied: Conference
On: April 7th, 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 5

From: Lewis F. Powell
To: Conference
Copied: None
On: April 7th, 1980
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 6

From: Lewis F. Powell
To: Conference
Copied: None
On: April 7th, 1980
Action: Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)
Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)

Document 7

From: Harry A. Blackmun
To: John Paul Stevens
Copied: Conference
On: April 7th, 1980
Action: Suggestion to Memorandum Opinion (Author is not Assigned Justice)
This includes memos with suggestions and specific or general reservations to a memorandum opinion (or per curiam) not written by assigned opinion author; memos expressing agreement with another justice’s suggestion to the memorandum opinion; statements that justice disagrees with a memorandum opinion. The identity of the memorandum opinion author who receives suggestion is located in the JOINED variable.

Document 8

From: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: April 7th, 1980
Action: Suggestion to Memorandum Opinion (Author is not Assigned Justice)
This includes memos with suggestions and specific or general reservations to a memorandum opinion (or per curiam) not written by assigned opinion author; memos expressing agreement with another justice’s suggestion to the memorandum opinion; statements that justice disagrees with a memorandum opinion. The identity of the memorandum opinion author who receives suggestion is located in the JOINED variable.
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 9

From: John Paul Stevens
To: Conference
Copied: None
On: April 8th, 1980
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 10

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 8th, 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 11

From: Warren E. Burger
To: Conference
Copied: None
On: April 10th, 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 12

From: Lewis F. Powell
To: Conference
Copied: None
On: April 10th, 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 13

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: April 11th, 1980
Action: Memo Regarding Meeting Time, Place or Agenda
Memo may suggest that the justice talk or discuss an issue at conference; memo may maintain that no further conference discussion is needed; memo may state that a justice will be away
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 14

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: April 11th, 1980
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 15

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 14th, 1980
Action: Case Should Not be Reargued
Includes statement that case will not be argued

Document 16

From: Warren E. Burger
To: Conference
Copied: None
On: April 17th, 1980
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 17

From: Byron R. White
To: Conference
Copied: None
On: May 31st, 1980
Action: Case Should be Reargued
Includes statement that maybe case should be reargued

Document 18

From: Byron R. White
To: Conference
Copied: None
On: June 2nd, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: June 3rd, 1980
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion
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
Action: Case Should Not be Reargued
Includes statement that case will not be argued

Document 20

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: June 3rd, 1980
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority 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 21

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: June 3rd, 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: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: June 3rd, 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: Case Should be Reargued
Includes statement that maybe case should be reargued

Document 23

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: June 3rd, 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.
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority 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 24

From: Byron R. White
To: Conference
Copied: None
On: June 5th, 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 25

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: June 6th, 1980
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 26

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: June 6th, 1980
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 27

From: Potter Stewart
To: Byron R. White
Copied: Conference
On: June 6th, 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 28

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: June 6th, 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 29

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: June 6th, 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 30

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: June 6th, 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 31

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: June 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 32

From: Byron R. White
To: Conference
Copied: None
On: June 10th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 33

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: June 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 34

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: June 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 35

From: Byron R. White
To: Conference
Copied: None
On: June 11th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 36

From: Byron R. White
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