Show / Hide Files

Scindia Steam Navigation Co. V. De Los Santos (1980)

 

Document 1

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: December 4th, 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 2

From: Byron R. White
To: Conference
Copied: None
On: April 2nd, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Byron R. White
To: Conference
Copied: None
On: April 2nd, 1981
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 4

From: Byron R. White
To: Conference
Copied: None
On: April 3rd, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: April 6th, 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 6

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: April 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.

Document 7

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: April 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: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change
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 8

From: Potter Stewart
To: Byron R. White
Copied: Conference
On: April 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.

Document 9

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

Document 10

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: April 6th, 1981
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 11

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: April 6th, 1981
Action: Await Concurrence
Justice awaits a concurring opinion, including an opinion that concurs in part or that concurs in judgment

Document 12

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: April 8th, 1981
Action: Await Concurrence
Justice awaits a concurring opinion, including an opinion that concurs in part or that concurs in judgment

Document 13

From: Lewis F. Powell
To: Conference
Copied: None
On: April 15th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 14

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 15th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 15

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: April 15th, 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 16

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: April 15th, 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 17

From: Byron R. White
To: Conference
Copied: None
On: April 16th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 18

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: April 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 19

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 16th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 20

From: Lewis F. Powell
To: Conference
Copied: None
On: April 16th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 21

From: Byron R. White
To: Conference
Copied: None
On: April 17th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 22

From: Byron R. White
To: Conference
Copied: None
On: April 27th, 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