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Robbins V. California (1980)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: May 6th, 1981
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.
Action: Majority Opinion Assignment
This may be an assignment of either the majority opinion or a memorandum opinion; memo may state that a justice has agreed to undertake the opinion of the Court; memo reassigns the case

Document 2

From: Potter Stewart
To: Conference
Copied: None
On: May 30th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: William H. Rehnquist
To: Potter Stewart
Copied: Conference
On: June 1st, 1981
Action: May Write Dissenting Opinion
A memo where a justice states that he or she may (or will likely) write a dissenting opinion (e.g., considering a dissent, expects to write dissent, will probably write dissent, may write dissent in part, inclined to dissent, shall likely be in dissent, may not write dissent, and hope not to write dissent)
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 4

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: None
On: June 2nd, 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 5

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: June 2nd, 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...
Action: Will Write Separately If...
Justice states conditions for writing a separate opinion; memo may also state conditions for withdrawing a separate opinion

Document 6

From: Potter Stewart
To: Conference
Copied: None
On: June 3rd, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: Byron R. White
To: Potter Stewart
Copied: Conference
On: June 3rd, 1981
Action: Await Concurrence
Justice awaits a concurring opinion, including an opinion that concurs in part or that concurs in judgment

Document 8

From: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: June 3rd, 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: 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 9

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: Conference
On: June 3rd, 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 10

From: William H. Rehnquist
To: Conference
Copied: None
On: June 5th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 11

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 10th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 10th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: June 10th, 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

Document 14

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

Document 15

From: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: June 12th, 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 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 16

From: Warren E. Burger
To: Conference
Copied: None
On: June 15th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 17

From: William H. Rehnquist
To: Conference
Copied: None
On: June 15th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 18

From: Thurgood Marshall
To: Potter Stewart
Copied: Conference
On: June 17th, 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 19

From: Lewis F. Powell
To: Conference
Copied: None
On: June 19th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 20

From: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: June 22nd, 1981
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 21

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: June 23rd, 1981
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 22

From: Potter Stewart
To: Conference
Copied: None
On: June 23rd, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 23

From: John Paul Stevens
To: Conference
Copied: None
On: June 23rd, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 24

From: Lewis F. Powell
To: Conference
Copied: None
On: June 24th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 25

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: June 26th, 1981
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 26

From: John Paul Stevens
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 27

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: June 27th, 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
Action: Concurring Opinion Author's Response
May be response to a suggestion, the majority opinion, 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 28

From: Lewis F. Powell
To: Conference
Copied: None
On: June 29th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 29

From: Potter Stewart
To: Conference
Copied: None
On: June 29th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 30

From: Warren E. Burger
To: Conference
Copied: None
On: June 29th, 1981
Action: Join Judgment of Court
Memos where a justice states that they join the judgment or result of the Court or where they join part of the judgment
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion

Document 31

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 29th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 32

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: June 29th, 1981
Action: Concurring Opinion Author's Response
May be response to a suggestion, the majority opinion, 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 33

From: Lewis F. Powell
To: Conference
Copied: None
On: June 29th, 1981
Action: Concurring Opinion Author's Response
May be response to a suggestion, the majority opinion, 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 34

From: John Paul Stevens
To: Conference
Copied: None
On: June 29th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 35

From: Lewis F. Powell
To: Conference
Copied: None
On: June 30th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result