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Kassel V. Consolidated Freightways Corp. Of Delaware (1980)

 

Case Details

Docket Number: 79-1320
Case Term: 1980

Justices Involved

Justice William J. Brennan, Jr.
Justice Harry A. Blackmun
Justice John Paul Stevens
Justice Lewis F. Powell
Justice Warren E. Burger
Justice Potter Stewart
Justice William H. Rehnquist
Justice Byron R. White
Justice Thurgood Marshall

Download PDF
Download Documents PDF

Document 1

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: John Paul Stevens
On: November 17th, 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: John Paul Stevens
On: November 17th, 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 3

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: December 15th, 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 4

From: Lewis F. Powell
To: Conference
Copied: None
On: January 12th, 1981
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 5

From: Warren E. Burger
To: Conference
Copied: None
On: January 12th, 1981
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 6

From: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: January 12th, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 7

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: January 12th, 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 8

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: January 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 9

From: John Paul Stevens
To: Lewis F. Powell
Copied: None
On: January 13th, 1981
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 10

From: Lewis F. Powell
To: Conference
Copied: None
On: January 15th, 1981
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 11

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: January 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 12

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: William J. Brennan, Jr.
On: January 27th, 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 13

From: Lewis F. Powell
To: Conference
Copied: None
On: January 30th, 1981
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 14

From: William H. Rehnquist
To: Conference
Copied: None
On: February 2nd, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: Potter Stewart
To: William H. Rehnquist
Copied: Conference
On: February 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 16

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: February 3rd, 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 17

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: February 4th, 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: Lewis F. Powell
Copied: None
On: February 5th, 1981
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority opinion).

Document 19

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: None
On: February 5th, 1981
Action: Memorandum Opinion Author's Response (not assigned author)
Memorandum Opinion Author's Response (not assigned author)

Document 20

From: Byron R. White
To: Lewis F. Powell
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: Attached Material Relevant to a Case
This may include memos about maps or pictures that will be incorporated in opinion; cover memo to circulation of some relevant non-case material for an opinion (e.g., newspaper article, related lower court opinion); memos may mention extra-court material that might be relevant (e.g., congressional hearings, a statute, other opinions that are somehow (perhaps tangentially) related to case at hand); circulation of clerk’s memo about case

Document 21

From: Lewis F. Powell
To: Conference
Copied: None
On: February 6th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 22

From: William H. Rehnquist
To: Conference
Copied: None
On: February 10th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 23

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 17th, 1981
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 24

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 19th, 1981
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 25

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: February 19th, 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 26

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 20th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 27

From: William H. Rehnquist
To: Conference
Copied: None
On: February 26th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 28

From: Lewis F. Powell
To: Conference
Copied: None
On: March 2nd, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 29

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 5th, 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 30

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 6th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 31

From: William H. Rehnquist
To: Conference
Copied: None
On: March 12th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 32

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

Document 33

From: William H. Rehnquist
To: Conference
Copied: None
On: March 17th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form