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Metromedia, Inc. V. San Diego (1980)

 

Document 1

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: October 9th, 1980
Action: Memo about Supplemental or Amicus Briefs
Justice may express views on need for additional briefs (e.g., no need for supplemental briefs); justices may discuss proposed questions for supplemental briefs; justices may discuss oral arguments, reargument, or parties' briefs (e.g., date, length, exact questions that should be presented at orals or in briefs); justices may discuss asking litigants for additional information

Document 2

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: March 2nd, 1981
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 3

From: Byron R. White
To: Conference
Copied: None
On: April 16th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: Potter Stewart
To: Byron R. White
Copied: Conference
On: April 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 5

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: April 17th, 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: Warren E. Burger
To: Conference
Copied: None
On: April 18th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 7

From: Byron R. White
To: Conference
Copied: None
On: April 23rd, 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 8

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: April 23rd, 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 9

From: Warren E. Burger
To: Conference
Copied: None
On: April 23rd, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 10

From: Byron R. White
To: Conference
Copied: None
On: April 24th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 11

From: Warren E. Burger
To: Conference
Copied: None
On: May 6th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: William J. Brennan, Jr.
To: Byron R. White
Copied: None
On: May 11th, 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
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: 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 13

From: Byron R. White
To: William J. Brennan, Jr.
Copied: None
On: May 13th, 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: Byron R. White
To: Conference
Copied: None
On: May 14th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: May 15th, 1981
Action: Will Write Memorandum Opinion
A memo where a justice states that he or she will circulate a memorandum opinion draft, including that a memorandum opinion will be out soon or that a revised draft of the memorandum opinion will be circulated

Document 16

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: May 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 17

From: Byron R. White
To: Conference
Copied: None
On: June 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 18

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 9th, 1981
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 19

From: Warren E. Burger
To: Harry A. Blackmun, Lewis F. Powell, William H. Rehnquist
Copied: None
On: June 9th, 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 20

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 10th, 1981
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 21

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: June 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 22

From: John Paul Stevens
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 23

From: Lewis F. Powell
To: Byron R. White
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 24

From: Warren E. Burger
To: Conference
Copied: None
On: June 18th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 25

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

Document 26

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: June 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 27

From: Byron R. White
To: Conference
Copied: None
On: June 22nd, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 28

From: William H. Rehnquist
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 29

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 23rd, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 30

From: Byron R. White
To: Conference
Copied: None
On: June 23rd, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 31

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: June 24th, 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.
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 32

From: John Paul Stevens
To: Conference
Copied: None
On: June 24th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 33

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: June 25th, 1981
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 34

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 26th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 35

From: Byron R. White
To: Conference
Copied: None
On: June 26th, 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

Document 36

From: Warren E. Burger
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 37

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: June 29th, 1981
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 38

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 39

From: Byron R. White
To: Conference
Copied: None
On: June 29th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 40

From: Warren E. Burger
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 41

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: None
On: June 30th, 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