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Zobel V. Williams (1981)

 

Document 1

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: October 14th, 1981
Action: Attached Material Relevant to a Case
This may include memos about maps or pictures that will be incorporated in opinion; cover memo to circulation of some relevant non-case material for an opinion (e.g., newspaper article, related lower court opinion); memos may mention extra-court material that might be relevant (e.g., congressional hearings, a statute, other opinions that are somehow (perhaps tangentially) related to case at hand); circulation of clerk’s memo about case

Document 2

From: Warren E. Burger
To: Conference
Copied: None
On: December 14th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: December 15th, 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: 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

Document 4

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: December 15th, 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 5

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: December 15th, 1981
Action: Cover Memo to Separate Opinion
This indicates a cover memo to any separate opinion, including concurring, dissenting, or any other type of separate opinion

Document 6

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: December 15th, 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...

Document 7

From: Sanda Day O'Connor
To: Conference
Copied: None
On: December 15th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 8

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: December 15th, 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 9

From: Sanda Day O'Connor
To: Conference
Copied: None
On: December 16th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 10

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: December 16th, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 11

From: Warren E. Burger
To: Conference
Copied: None
On: December 18th, 1981
Action: Will Circulate Majority Opinion
A memo where a justice states that he or she will circulate a majority opinion draft, including that an opinion will be out soon or that the author will revise majority opinion without stating the changes

Document 12

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: December 21st, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
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...

Document 13

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: December 21st, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
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...

Document 14

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: December 28th, 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
Action: Case Should be Reargued
Includes statement that maybe case should be reargued

Document 15

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: December 29th, 1981
Action: Case Should be Reargued
Includes statement that maybe case should be reargued
Action: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 16

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: May 7th, 1982
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: Warren E. Burger
To: Conference
Copied: None
On: May 7th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 18

From: Sanda Day O'Connor
To: Conference
Copied: None
On: May 8th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 19

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: May 8th, 1982
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 20

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: May 10th, 1982
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 21

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: May 12th, 1982
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 22

From: Warren E. Burger
To: Conference
Copied: None
On: May 14th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 23

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: May 19th, 1982
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 24

From: Sanda Day O'Connor
To: Conference
Copied: None
On: May 20th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 25

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: None
On: May 25th, 1982
Action: Cover Memo to Separate Opinion
This indicates a cover memo to any separate opinion, including concurring, dissenting, or any other type of separate opinion

Document 26

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: May 26th, 1982
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 27

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: None
On: May 26th, 1982
Action: Concurring Opinion Author's Response
May be response to a suggestion, the majority opinion, 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 28

From: Warren E. Burger
To: Conference
Copied: None
On: May 26th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 29

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 29th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 30

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: May 31st, 1982
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 31

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: May 31st, 1982
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 32

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: June 1st, 1982
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 33

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: June 2nd, 1982
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 34

From: Warren E. Burger
To: Conference
Copied: None
On: June 2nd, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 35

From: William H. Rehnquist
To: Conference
Copied: None
On: June 3rd, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 36

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: June 3rd, 1982
Action: Concurring Opinion Author's Response
May be response to a suggestion, the majority opinion, 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 37

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 4th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 38

From: Warren E. Burger
To: Conference
Copied: None
On: June 4th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 39

From: William H. Rehnquist
To: Conference
Copied: None
On: June 7th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 40

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 7th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft