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Aaron V. Sec (1979)

 

Document 1

From: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: March 3rd, 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
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 2

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Thurgood Marshall
On: March 4th, 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 3

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Thurgood Marshall
On: March 4th, 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: Thurgood Marshall
To: Potter Stewart
Copied: Conference
On: April 16th, 1980
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 5

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: April 16th, 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 6

From: Potter Stewart
To: Conference
Copied: None
On: April 16th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: April 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 8

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: Conference
On: April 17th, 1980
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 9

From: Byron R. White
To: Potter Stewart
Copied: Conference
On: April 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 10

From: William H. Rehnquist
To: Potter Stewart
Copied: Conference
On: April 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 11

From: John Paul Stevens
To: Potter Stewart
Copied: Conference
On: April 29th, 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: Potter Stewart
Copied: None
On: May 12th, 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 13

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 15th, 1980
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 14

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: May 20th, 1980
Action: Join Concur in Part and Dissent in Part
Memos where justices state that they join an opinion that concurs in part and dissents in part; alternatively, the opinion that is joined might concur in judgment and dissent. The identity of the opinion author who receives the join is located in the JOINED variable.

Document 15

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: May 20th, 1980
Action: Join Concur in Part and Dissent in Part
Memos where justices state that they join an opinion that concurs in part and dissents in part; alternatively, the opinion that is joined might concur in judgment and dissent. The identity of the opinion author who receives the join is located in the JOINED variable.

Document 16

From: Warren E. Burger
To: Conference
Copied: None
On: May 21st, 1980
Action: Will Write Concurring Opinion
A memo where a justice states that he or she will circulate a concurring opinion draft, including that a concurring opinion will be out soon or that a revised draft of the concurring opinion will be circulated; this may also apply to opinions that concur in part or concur in the judgment or result

Document 17

From: Warren E. Burger
To: Conference
Copied: None
On: May 28th, 1980
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 18

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

Document 19

From: Warren E. Burger
To: Conference
Copied: None
On: May 28th, 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: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion

Document 20

From: Potter Stewart
To: Conference
Copied: None
On: May 29th, 1980
Action: Majority Opinion
This refers to a majority opinion draft