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Donovan V. Dewey (1980)

 

Document 1

From: Thurgood Marshall
To: Conference
Copied: None
On: May 28th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: May 28th, 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 3

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: May 29th, 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 4

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: May 29th, 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: John Paul Stevens
To: Thurgood Marshall
Copied: Conference
On: May 29th, 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: Thurgood Marshall
To: Conference
Copied: None
On: June 1st, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: William H. Rehnquist
To: Thurgood Marshall
Copied: Conference
On: June 1st, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 8

From: Byron R. White
To: Thurgood Marshall
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 9

From: Harry A. Blackmun
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 10

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 11

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

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

Document 13

From: Potter Stewart
To: Conference
Copied: None
On: June 4th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 14

From: Warren E. Burger
To: Thurgood Marshall
Copied: None
On: June 4th, 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
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 15

From: Warren E. Burger
To: Thurgood Marshall
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 16

From: Thurgood Marshall
To: Conference
Copied: None
On: June 9th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: John Paul Stevens
To: Thurgood Marshall
Copied: Conference
On: June 10th, 1981
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 18

From: William H. Rehnquist
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 19

From: William H. Rehnquist
To: Conference
Copied: None
On: June 11th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 20

From: John Paul Stevens
To: Conference
Copied: None
On: June 11th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 21

From: John Paul Stevens
To: Conference
Copied: None
On: June 12th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft