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Newport V. Fact Concerts, Inc. (1980)

 

Document 1

From: William H. Rehnquist
To: Conference
Copied: None
On: December 10th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 2

From: William H. Rehnquist
To: Conference
Copied: None
On: December 11th, 1980
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 3

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: December 11th, 1980
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 4

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: December 11th, 1980
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 5

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: December 11th, 1980
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 6

From: William J. Brennan, Jr.
To: Thurgood Marshall, John Paul Stevens
Copied: None
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 7

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 5th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

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

Document 9

From: John Paul Stevens
To: Harry A. Blackmun
Copied: Conference
On: June 8th, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 10

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: June 8th, 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 11

From: Potter Stewart
To: Harry A. Blackmun
Copied: Conference
On: June 8th, 1981
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: 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 12

From: Byron R. White
To: Harry A. Blackmun
Copied: Conference
On: June 9th, 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 13

From: Potter Stewart
To: Harry A. Blackmun
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.
Action: Thank You Notes
Justices circulate memos thanking another justice for making a change to an opinion or thanking an author for considering a justice's suggestions

Document 14

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: June 10th, 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 15

From: William H. Rehnquist
To: Harry A. Blackmun
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 16

From: Warren E. Burger
To: Harry A. Blackmun
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 17

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 11th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 18

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: June 19th, 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: John Paul Stevens
To: William J. Brennan, Jr.
Copied: None
On: June 19th, 1981
Action: Will Join Dissent If...
Justice states conditions for joining a dissent, including a dissent in part. The identity of the dissenting opinion author who receives this suggestion is located in the JOINED variable.

Document 20

From: William J. Brennan, Jr.
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 21

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 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

Document 22

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: June 22nd, 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: Lewis F. Powell
To: Harry A. Blackmun
Copied: Conference
On: June 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 24

From: William J. Brennan, Jr.
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