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United States V. Difrancesco (1980)

 

Document 1

From: Harry A. Blackmun
To: Warren E. Burger, Potter Stewart, Lewis F. Powell
Copied: None
On: October 28th, 1980
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
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 2

From: Harry A. Blackmun
To: Conference
Copied: None
On: October 28th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: October 29th, 1980
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 4

From: Byron R. White
To: Harry A. Blackmun
Copied: Conference
On: October 29th, 1980
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 5

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: October 29th, 1980
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 6

From: John Paul Stevens
To: Harry A. Blackmun
Copied: Conference
On: October 29th, 1980
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 7

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: October 29th, 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 8

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: October 29th, 1980
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: Harry A. Blackmun
To: Conference
Copied: None
On: October 30th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: Warren E. Burger
To: Lewis F. Powell
Copied: Potter Stewart, Harry A. Blackmun, William H. Rehnquist
On: October 30th, 1980
Action: Disagree with Another Justice's Suggestion
Memo states that the justice disagrees with another justice's suggestion to the majority opinion author. The identity of the justice whose suggestion is countered is located in the JOINED variable.

Document 11

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Warren E. Burger, Potter Stewart, William H. Rehnquist
On: October 30th, 1980
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 12

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: Warren E. Burger, Potter Stewart, William H. Rehnquist
On: October 30th, 1980
Action: May Join Majority Opinion
Memos where a justice states the intent to join the majority opinion later (e.g., may join majority; will probably join majority; could join majority; agree tentatively; inclined to join; close to joining; agrees generally; agree with most of opinion; in basic agreement; intend to join; am prepared to join; expect to join; expect to join part of majority opinion; join unless someone else dissents; will join majority opinion if no majority exists; join unless someone else persuades me
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
Action: Undecided
Justice states that he or she is undecided, including phrases like not ready to commit, need more time, not at rest, or to consider further

Document 13

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: Conference
On: October 30th, 1980
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 14

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: None
On: October 31st, 1980
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 15

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Potter Stewart, William H. Rehnquist
On: October 31st, 1980
Action: Disagree with Another Justice's Suggestion
Memo states that the justice disagrees with another justice's suggestion to the majority opinion author. The identity of the justice whose suggestion is countered is located in the JOINED variable.

Document 16

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Warren E. Burger, Potter Stewart, William H. Rehnquist
On: October 31st, 1980
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 17

From: Potter Stewart
To: Harry A. Blackmun
Copied: Warren E. Burger, Lewis F. Powell, William H. Rehnquist
On: November 3rd, 1980
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).
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.

Document 18

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: Conference
On: November 3rd, 1980
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: Harry A. Blackmun
To: Conference
Copied: None
On: November 3rd, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 20

From: Potter Stewart
To: Harry A. Blackmun
Copied: Conference
On: November 4th, 1980
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 21

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: November 25th, 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 22

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 25th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 23

From: Harry A. Blackmun
To: Conference
Copied: None
On: November 28th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 24

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: December 1st, 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 25

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: December 1st, 1980
Action: Suggestion to Separate Opinion
Memo states includes a justice's suggestion for a separate opinion (e.g., don't agree with reasoning of separate opinion; comment on separate opinion; will join separate opinion if; cannot join separate opinion; will be making suggestion to separate opinion). The identity of the separate opinion author who receives suggestion is located in the JOINED variable.

Document 26

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: December 2nd, 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 27

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 2nd, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 28

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: December 3rd, 1980
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 29

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 3rd, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 30

From: John Paul Stevens
To: Conference
Copied: None
On: December 4th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 31

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 4th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 32

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 4th, 1980
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 33

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 4th, 1980
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 34

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 5th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 35

From: John Paul Stevens
To: Conference
Copied: None
On: December 5th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 36

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 11th, 1980
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