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Parratt V. Taylor (1980)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: October 3rd, 1980
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case

Document 2

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: October 6th, 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: Byron R. White
To: Conference
Copied: None
On: October 14th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 4

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: October 15th, 1980
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 5

From: Potter Stewart
To: Byron R. White
Copied: Conference
On: October 15th, 1980
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 6

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: October 15th, 1980
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 7

From: Byron R. White
To: Conference
Copied: None
On: October 16th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 8

From: William H. Rehnquist
To: Conference
Copied: None
On: April 1st, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 9

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 10

From: John Paul Stevens
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 11

From: Potter Stewart
To: Lewis F. Powell
Copied: None
On: April 2nd, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 12

From: William J. Brennan, Jr.
To: William H. Rehnquist
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 13

From: William H. Rehnquist
To: Conference
Copied: None
On: April 3rd, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: April 3rd, 1981
Action: Join Majority If...
Justice sends memo to majority opinion author that states that the conditions under which the justice can or will not join the majority opinion; this includes memos with language like will join if..., will join the majority opinion if author makes changes suggested by another justice, or will join part of majority opinion if...; these memos may also state that a justice cannot join majority opinion if..., or could not join an opinion with a particular point, will withdraw join if...
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 15

From: Potter Stewart
To: Conference
Copied: None
On: April 3rd, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 16

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: April 7th, 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: 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: Harry A. Blackmun
To: Conference
Copied: None
On: April 8th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 18

From: Thurgood Marshall
To: Conference
Copied: None
On: April 9th, 1981
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 19

From: Lewis F. Powell
To: Conference
Copied: None
On: April 20th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 20

From: Lewis F. Powell
To: Conference
Copied: None
On: April 21st, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 21

From: Potter Stewart
To: Conference
Copied: None
On: April 21st, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 22

From: Lewis F. Powell
To: Conference
Copied: None
On: April 23rd, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 23

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: April 30th, 1981
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 24

From: Byron R. White
To: Conference
Copied: None
On: April 30th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 25

From: Lewis F. Powell
To: Conference
Copied: None
On: May 1st, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 26

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: May 6th, 1981
Action: Will Not Write Concurring Opinion
A memo where a justice states that he or she will not write a concurring opinion or an opinion that concurs in part

Document 27

From: Byron R. White
To: Conference
Copied: None
On: May 15th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 28

From: William H. Rehnquist
To: Conference
Copied: None
On: June 2nd, 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