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San Diego Gas & Electric Co. V. San Diego (1980)

 

Document 1

From: William J. Brennan, Jr.
To: Potter Stewart, Lewis F. Powell, William H. Rehnquist
Copied: None
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 2

From: John Paul Stevens
To: Harry A. Blackmun
Copied: Conference
On: January 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 3

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: Conference
On: January 6th, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 4

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 6th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: January 6th, 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 6

From: Potter Stewart
To: Harry A. Blackmun
Copied: Conference
On: January 6th, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 7

From: Byron R. White
To: Harry A. Blackmun
Copied: Conference
On: January 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.

Document 8

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 7th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 9

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: January 8th, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 10

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: None
On: January 21st, 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 11

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: None
On: January 22nd, 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
Action: Attached Material Relevant to a Case
This may include memos about maps or pictures that will be incorporated in opinion; cover memo to circulation of some relevant non-case material for an opinion (e.g., newspaper article, related lower court opinion); memos may mention extra-court material that might be relevant (e.g., congressional hearings, a statute, other opinions that are somehow (perhaps tangentially) related to case at hand); circulation of clerk’s memo about case

Document 12

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 6th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 9th, 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 14

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: March 9th, 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 15

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: March 9th, 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 16

From: John Paul Stevens
To: Harry A. Blackmun
Copied: Conference
On: March 10th, 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: Harry A. Blackmun
To: Conference
Copied: None
On: March 10th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 18

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: March 10th, 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: March 11th, 1981
Action: Dissenting Opinion Author's Response
May be a response to a suggestion, majority opinion, or another separate opinion; it may say the author made changes and see the attached opinion; it may indicate the opinion has been changed although not prompted by someone else

Document 20

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: March 11th, 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 Make Suggestion
Memo states that a justice will make a suggestion to the majority opinion, including statements that a justice will postpone making a suggestion for now or that the justice may make suggestion

Document 21

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 13th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 22

From: William H. Rehnquist
To: Conference
Copied: None
On: March 16th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 23

From: William H. Rehnquist
To: Conference
Copied: None
On: March 18th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 24

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 18th, 1981
Action: Dissenting Opinion Author's Response
May be a response to a suggestion, majority opinion, or another separate opinion; it may say the author made changes and see the attached opinion; it may indicate the opinion has been changed although not prompted by someone else

Document 25

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: March 19th, 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 26

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 19th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 27

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 24th, 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