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H. L. V. Matheson (1980)

 

Document 1

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: October 31st, 1980
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
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 2

From: Thurgood Marshall
To: Conference
Copied: None
On: November 7th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Warren E. Burger
To: Potter Stewart, Byron R. White, Lewis F. Powell
Copied: None
On: November 7th, 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 4

From: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: November 10th, 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 5

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: November 12th, 1980
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
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 6

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: William J. Brennan, Jr.
On: November 12th, 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.
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 7

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: November 13th, 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 8

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: November 13th, 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: Thurgood Marshall
To: Conference
Copied: None
On: November 17th, 1980
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: Warren E. Burger
To: Potter Stewart, Byron R. White, Lewis F. Powell
Copied: None
On: November 17th, 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

Document 11

From: John Paul Stevens
To: Warren E. Burger
Copied: Potter Stewart, Byron R. White, Lewis F. Powell
On: November 18th, 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.
Action: Will Write "Separate Opinion"
A memo where a justice states that he or she will circulate a "separate opinion" draft, including that a "separate opinion" will be out soon or that a revised draft of the "separate opinion" will be circulated

Document 12

From: Warren E. Burger
To: John Paul Stevens
Copied: Potter Stewart, Byron R. White, Lewis F. Powell
On: November 18th, 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

Document 13

From: Potter Stewart
To: Warren E. Burger
Copied: Byron R. White, Lewis F. Powell, William H. Rehnquist
On: November 19th, 1980
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 14

From: Thurgood Marshall
To: Conference
Copied: None
On: November 19th, 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 15

From: Lewis F. Powell
To: Warren E. Burger
Copied: Potter Stewart, Byron R. White, William H. Rehnquist
On: November 19th, 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.
Action: Will Write "Separate Opinion"
A memo where a justice states that he or she will circulate a "separate opinion" draft, including that a "separate opinion" will be out soon or that a revised draft of the "separate opinion" will be circulated

Document 16

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: November 24th, 1980
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 17

From: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: November 24th, 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 18

From: John Paul Stevens
To: Conference
Copied: None
On: December 16th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: Warren E. Burger
To: Conference
Copied: None
On: December 16th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 20

From: John Paul Stevens
To: Conference
Copied: None
On: December 17th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 21

From: Potter Stewart
To: Warren E. Burger
Copied: Byron R. White, Lewis F. Powell, William H. Rehnquist
On: December 18th, 1980
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 22

From: Lewis F. Powell
To: Warren E. Burger
Copied: Potter Stewart, Byron R. White, William H. Rehnquist
On: December 18th, 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.
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 23

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: January 6th, 1981
Action: Cover Memo to Separate Opinion
This indicates a cover memo to any separate opinion, including concurring, dissenting, or any other type of separate opinion

Document 24

From: Lewis F. Powell
To: Conference
Copied: None
On: January 8th, 1981
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 25

From: Lewis F. Powell
To: Warren E. Burger, Thurgood Marshall
Copied: Conference
On: January 8th, 1981
Action: Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)
Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)
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

Document 26

From: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: January 9th, 1981
Action: May Join Memorandum Opinion (Author is not Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion (or per curiam opinion) written by a justice who was not assigned the opinion (e.g., agree and will join if it becomes opinion; agree with suggested order). The identity of the justice whose opinion is endorsed is located in the JOINED variable.

Document 27

From: Warren E. Burger
To: Conference
Copied: None
On: January 10th, 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 28

From: Warren E. Burger
To: Conference
Copied: None
On: January 10th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 29

From: John Paul Stevens
To: Conference
Copied: None
On: January 13th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 30

From: Warren E. Burger
To: Lewis F. Powell
Copied: Potter Stewart
On: January 15th, 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 31

From: Lewis F. Powell
To: Warren E. Burger
Copied: Potter Stewart
On: January 15th, 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
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...

Document 32

From: Warren E. Burger
To: Conference
Copied: None
On: January 16th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 33

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: January 16th, 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: May Write Concurring Opinion
A memo where a justice states that he or she may (or will likely) write a concurring opinion; this also applies to opinions that concur in part, concurrences in judgment, or concurrences at foot.

Document 34

From: Lewis F. Powell
To: Conference
Copied: None
On: January 21st, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 35

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: January 22nd, 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 36

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: January 22nd, 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 37

From: Potter Stewart
To: Lewis F. Powell
Copied: Conference
On: January 22nd, 1981
Action: May Join Concurrence
Memos where a justice expresses the inclination to join a concurring opinion, including a concurrence in the judgment or result.

Document 38

From: John Paul Stevens
To: Conference
Copied: None
On: February 11th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 39

From: Thurgood Marshall
To: Conference
Copied: None
On: February 25th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 40

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: February 26th, 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 41

From: Thurgood Marshall
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 42

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: February 27th, 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 43

From: Lewis F. Powell
To: Conference
Copied: None
On: March 3rd, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 44

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: March 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 45

From: Warren E. Burger
To: Conference
Copied: None
On: March 5th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 46

From: Warren E. Burger
To: Conference
Copied: None
On: March 6th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 47

From: Lewis F. Powell
To: Conference
Copied: None
On: March 9th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 48

From: Thurgood Marshall
To: Conference
Copied: None
On: March 16th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 49

From: Warren E. Burger
To: Conference
Copied: None
On: March 17th, 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 50

From: Warren E. Burger
To: Conference
Copied: None
On: March 18th, 1981
Action: Majority Opinion
This refers to a majority opinion draft