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Merrion V. Jicarilla Apache Tribe (1980)

 

Document 1

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: None provided.
Action: Disagrees with Opinion Author
Memo expresses a justice's disagreement with an opinion author's letter, proposal, or footnote

Document 2

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: None
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 3

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: None
On: April 6th, 1981
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 4

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Byron R. White
On: April 7th, 1981
Action: Dissent Opinion Assignment
The memo may ask another justice to write a dissent; a justice may indicate that the dissent will not be assigned right now; memo responding to a dissent assignment (but not accepting assignment, which would be Code 204)

Document 5

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Byron R. White
On: April 7th, 1981
Action: Dissent Opinion Assignment
The memo may ask another justice to write a dissent; a justice may indicate that the dissent will not be assigned right now; memo responding to a dissent assignment (but not accepting assignment, which would be Code 204)

Document 6

From: John Paul Stevens
To: Conference
Copied: None
On: June 1st, 1981
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 7

From: John Paul Stevens
To: Conference
Copied: None
On: June 1st, 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)

Document 8

From: Potter Stewart
To: John Paul Stevens
Copied: Conference
On: June 1st, 1981
Action: Dissent Opinion Assignment
The memo may ask another justice to write a dissent; a justice may indicate that the dissent will not be assigned right now; memo responding to a dissent assignment (but not accepting assignment, which would be Code 204)

Document 9

From: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: June 1st, 1981
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

Document 10

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: June 2nd, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 11

From: John Paul Stevens
To: William H. Rehnquist
Copied: Conference
On: June 3rd, 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 12

From: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: June 3rd, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 13

From: Byron R. White
To: John Paul Stevens
Copied: Conference
On: June 3rd, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 14

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: June 5th, 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 15

From: John Paul Stevens
To: Conference
Copied: None
On: June 11th, 1981
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 16

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 17th, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
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 17

From: Thurgood Marshall
To: Conference
Copied: None
On: June 25th, 1981
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 18

From: Harry A. Blackmun
To: John Paul Stevens
Copied: None
On: June 26th, 1981
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 19

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: June 26th, 1981
Action: Join Memorandum Opinion (written by non-assigned author)
Memos where a justice states that he or she joins a memorandum opinion that is written by a non-assigned author.

Document 20

From: Byron R. White
To: John Paul Stevens
Copied: Conference
On: June 26th, 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 21

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 26th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 22

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: Conference
On: June 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 23

From: John Paul Stevens
To: Conference
Copied: None
On: June 30th, 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)

Document 24

From: John Paul Stevens
To: Conference
Copied: None
On: July 2nd, 1981
Action: Memorandum Opinion
This refers to a memorandum opinion draft