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Commonwealth Edison Co. V. Montana (1980)

 

Document 1

From: Harry A. Blackmun
To: Lewis F. Powell, John Paul Stevens
Copied: None
On: April 6th, 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 2

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: None
On: April 9th, 1981
Action: Dissenting Opinion Author's Response
May be a response to a suggestion, majority opinion, or 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 3

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: None
On: April 9th, 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 4

From: Thurgood Marshall
To: Conference
Copied: None
On: May 26th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: May 26th, 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: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: May 27th, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 7

From: John Paul Stevens
To: Thurgood Marshall
Copied: Conference
On: May 27th, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 8

From: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: May 27th, 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: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: May 28th, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 10

From: William H. Rehnquist
To: Thurgood Marshall
Copied: Conference
On: May 28th, 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 11

From: William J. Brennan, Jr.
To: Thurgood Marshall
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 12

From: Thurgood Marshall
To: Conference
Copied: None
On: June 2nd, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: Warren E. Burger
To: Thurgood Marshall
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 14

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 17th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 15

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: Conference
On: June 18th, 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 16

From: Byron R. White
To: Conference
Copied: None
On: June 18th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 17

From: John Paul Stevens
To: Harry A. Blackmun
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 18

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

Document 19

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: June 22nd, 1981
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 20

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: June 22nd, 1981
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 21

From: Harry A. Blackmun
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 22

From: Thurgood Marshall
To: Conference
Copied: None
On: June 26th, 1981
Action: Majority Opinion
This refers to a majority opinion draft