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Howe V. Smith (1980)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: May 29th, 1981
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 2

From: Warren E. Burger
To: Conference
Copied: None
On: May 30th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: June 1st, 1981
Action: Dissent at Foot
This refers to a letter where a justice asks that a dissent (or a dissent in part) be noted at the foot of an opinion; it also includes at foot opinions that indicates the justice wants the Court to hear arguments and decide rather than dismiss or decide summarily

Document 4

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: June 1st, 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: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: June 1st, 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 6

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: June 2nd, 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
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 7

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: June 2nd, 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: Warren E. Burger
Copied: Conference
On: June 8th, 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 9

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: June 8th, 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: John Paul Stevens
To: Conference
Copied: None
On: June 10th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 11

From: Warren E. Burger
To: Conference
Copied: None
On: June 11th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Byron R. White
To: Warren E. Burger
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 13

From: Warren E. Burger
To: Conference
Copied: None
On: June 12th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: John Paul Stevens
To: Conference
Copied: None
On: June 12th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 15

From: Warren E. Burger
To: Conference
Copied: None
On: June 15th, 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