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California V. Sierra Club (1980)

 

Document 1

From: William J. Brennan, Jr.
To: Thurgood Marshall, John Paul Stevens
Copied: None
On: January 27th, 1981
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: William H. Rehnquist
To: Conference
Copied: None
On: February 20th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Potter Stewart
To: William H. Rehnquist
Copied: Conference
On: February 23rd, 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 4

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: February 23rd, 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 5

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: February 26th, 1981
Action: Await Concurrence
Justice awaits a concurring opinion, including an opinion that concurs in part or that concurs in judgment
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: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: February 26th, 1981
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: William H. Rehnquist
Copied: Conference
On: March 5th, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 8

From: William J. Brennan, Jr.
To: William H. Rehnquist
Copied: Conference
On: March 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 9

From: Byron R. White
To: Conference
Copied: None
On: March 16th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 10

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: March 17th, 1981
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: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: March 17th, 1981
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 12

From: William H. Rehnquist
To: Conference
Copied: None
On: March 18th, 1981
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 13

From: Byron R. White
To: Conference
Copied: None
On: March 18th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 14

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: March 19th, 1981
Action: Concurring Opinion Author's Response
May be response to a suggestion, the majority opinion, another separate opinion; it may say the author made changes and see the attached opinion; it may indicate the opinion has been changed although not prompted by someone else

Document 15

From: William H. Rehnquist
To: Conference
Copied: None
On: March 20th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: Byron R. White
To: Conference
Copied: None
On: March 24th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 17

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: April 1st, 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: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: April 2nd, 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 19

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: April 2nd, 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 20

From: John Paul Stevens
To: Conference
Copied: None
On: April 2nd, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 21

From: William H. Rehnquist
To: Conference
Copied: None
On: April 6th, 1981
Action: Vote Line-Up
This includes a copy of the suggested vote line-up in case (for final vote coalitions in case); this does not include memos about opinion writing, but only refers to how the vote will be reported on the final opinion
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: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: April 7th, 1981
Action: May Join Memorandum Opinion (Author is Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion drafted by the assigned opinion author (e.g., could go along with memorandum opinion; agrees generally with memorandum opinion; agree tentatively with memorandum opinion; will join memorandum opinion if it becomes majority opinion)

Document 23

From: Byron R. White
To: Conference
Copied: None
On: April 8th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 24

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: April 9th, 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 25

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: April 9th, 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 26

From: William H. Rehnquist
To: Conference
Copied: None
On: April 10th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 27

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: April 10th, 1981
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 28

From: Potter Stewart
To: William H. Rehnquist
Copied: Conference
On: April 13th, 1981
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 29

From: William H. Rehnquist
To: Conference
Copied: None
On: April 13th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 30

From: John Paul Stevens
To: Conference
Copied: None
On: April 13th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 31

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: April 17th, 1981
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 32

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: April 21st, 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 33

From: William H. Rehnquist
To: Conference
Copied: None
On: April 22nd, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 34

From: John Paul Stevens
To: Conference
Copied: None
On: April 22nd, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 35

From: Byron R. White
To: Conference
Copied: None
On: April 29th, 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