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Community Communications Co. V. Boulder (1981)

 

Document 1

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 16th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Sanda Day O'Connor
To: William J. Brennan, Jr.
Copied: None
On: November 17th, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 3

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: November 17th, 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: 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 4

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: November 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 5

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: November 17th, 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: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: November 18th, 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

Document 7

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: November 18th, 1981
Action: Not Participating
These 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

Document 8

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: None
On: November 18th, 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...
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 9

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Lewis F. Powell
On: November 19th, 1981
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.
Action: Disagree with Another Justice's Suggestion
Memo states that the justice disagrees with another justice's suggestion to the majority opinion author. The identity of the justice whose suggestion is countered is located in the JOINED variable.
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 10

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: November 20th, 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: Lewis F. Powell, John Paul Stevens
Copied: Conference
On: November 20th, 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

Document 12

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: John Paul Stevens
On: November 20th, 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: Disagree with Another Justice's Suggestion
Memo states that the justice disagrees with another justice's suggestion to the majority opinion author. The identity of the justice whose suggestion is countered is located in the JOINED variable.

Document 13

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: November 20th, 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: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 20th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: November 23rd, 1981
Action: Will Not Write "Separate Opinion"
A memo where a justice states that he or she will not write a "separate opinion"
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...
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 16

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: None
On: November 24th, 1981
Action: Will Write Concurring Opinion
A memo where a justice states that he or she will circulate a concurring opinion draft, including that a concurring opinion will be out soon or that a revised draft of the concurring opinion will be circulated; this may also apply to opinions that concur in part or concur in the judgment or result

Document 17

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: November 24th, 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.
Action: Thank You Notes
Justices circulate memos thanking another justice for making a change to an opinion or thanking an author for considering a justice's suggestions

Document 18

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 25th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: William H. Rehnquist
To: Conference
Copied: None
On: December 2nd, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 20

From: Sanda Day O'Connor
To: William H. Rehnquist
Copied: Conference
On: December 3rd, 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 21

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: December 4th, 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 22

From: William H. Rehnquist
To: Conference
Copied: None
On: December 4th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 23

From: John Paul Stevens
To: Conference
Copied: None
On: December 7th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 24

From: John Paul Stevens
To: Conference
Copied: None
On: December 9th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 25

From: William H. Rehnquist
To: Conference
Copied: None
On: December 11th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 26

From: John Paul Stevens
To: Conference
Copied: None
On: January 7th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 27

From: William H. Rehnquist
To: Conference
Copied: None
On: January 8th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form