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Montana V. United States (1980)

 

Document 1

From: William J. Brennan, Jr.
To: Thurgood Marshall, Harry A. Blackmun
Copied: None
On: December 15th, 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 2

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Thurgood Marshall
On: December 15th, 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: Potter Stewart
To: Conference
Copied: None
On: February 5th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: Thurgood Marshall
To: Potter Stewart
Copied: Conference
On: February 5th, 1981
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: February 5th, 1981
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: Lewis F. Powell
To: Potter Stewart
Copied: None
On: February 6th, 1981
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.
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 Concurring Opinion
A memo where a justice states that he or she may (or will likely) write a concurring opinion; this also applies to opinions that concur in part, concurrences in judgment, or concurrences at foot.

Document 7

From: John Paul Stevens
To: Potter Stewart
Copied: Conference
On: February 11th, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
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

Document 8

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: February 11th, 1981
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 H. Rehnquist
To: Potter Stewart
Copied: Conference
On: February 13th, 1981
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: Potter Stewart
To: Conference
Copied: None
On: February 17th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 11

From: Byron R. White
To: Potter Stewart
Copied: Conference
On: February 17th, 1981
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: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: February 17th, 1981
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 13

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: Conference
On: February 26th, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 14

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 12th, 1981
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 15

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: March 13th, 1981
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 16

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: March 16th, 1981
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 17

From: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: March 17th, 1981
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 18

From: John Paul Stevens
To: Conference
Copied: None
On: March 17th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 19

From: John Paul Stevens
To: Conference
Copied: None
On: March 19th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 20

From: Potter Stewart
To: Conference
Copied: None
On: March 19th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 21

From: Potter Stewart
To: Conference
Copied: None
On: April 1st, 1981
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