From: Lewis F. Powell
To: William H. Rehnquist
Copied: None
On: April 10th, 1981
Action: Will Not Join Separate OpinionMemos where a justice refuses to join a separate opinion, including concurring, dissenting, or any other separate opinion.
Action: Memos about Cert VotesA justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case
Action: Not ParticipatingThese memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal