Show / Hide Files

Pennhurst State School And Hospital V. Halderman (1980)

 

Document 1

From: William J. Brennan, Jr.
To: Byron R. White, 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: Byron R. White
To: William J. Brennan, Jr.
Copied: Thurgood Marshall, Harry A. Blackmun
On: December 15th, 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: William H. Rehnquist
To: Conference
Copied: None
On: February 10th, 1981
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 4

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: February 11th, 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 5

From: Potter Stewart
To: William H. Rehnquist
Copied: Conference
On: February 13th, 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 6

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: February 16th, 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 7

From: John Paul Stevens
To: William H. Rehnquist
Copied: Conference
On: February 18th, 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 8

From: Byron R. White
To: Conference
Copied: None
On: March 5th, 1981
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 9

From: Thurgood Marshall
To: Conference
Copied: None
On: March 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 10

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: March 11th, 1981
Action: Join Memorandum Opinion (written by non-assigned author)
Memos where a justice states that he or she joins a memorandum opinion that is written by a non-assigned author.

Document 11

From: William H. Rehnquist
To: Conference
Copied: None
On: March 13th, 1981
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 12

From: Byron R. White
To: Conference
Copied: None
On: March 17th, 1981
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 13

From: Warren E. Burger
To: Conference
Copied: None
On: March 18th, 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 14

From: William H. Rehnquist
To: Conference
Copied: None
On: March 26th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: Byron R. White
To: Conference
Copied: None
On: March 31st, 1981
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 16

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 17

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: April 1st, 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 18

From: Byron R. White
To: Conference
Copied: None
On: April 2nd, 1981
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 19

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: April 6th, 1981
Action: Join Memorandum Opinion (written by non-assigned author)
Memos where a justice states that he or she joins a memorandum opinion that is written by a non-assigned author.

Document 20

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 13th, 1981
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 21

From: William H. Rehnquist
To: Conference
Copied: None
On: April 15th, 1981
Action: Majority Opinion
This refers to a majority opinion draft