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Plyler V. Doe (1981)

 

Document 1

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: December 4th, 1981
Action: Majority Opinion Assignment
This may be an assignment of either the majority opinion or a memorandum opinion; memo may state that a justice has agreed to undertake the opinion of the Court; memo reassigns the case

Document 2

From: William J. Brennan, Jr.
To: Thurgood Marshall, Harry A. Blackmun, Lewis F. Powell
Copied: None
On: January 25th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: None
On: January 25th, 1982
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 4

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: None
On: January 25th, 1982
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 5

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: None
On: January 25th, 1982
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 6

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: None
On: January 25th, 1982
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 7

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Thurgood Marshall, Harry A. Blackmun, John Paul Stevens
On: January 30th, 1982
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
Action: Join Judgment of Court
Memos where a justice states that they join the judgment or result of the Court or where they join part of the judgment

Document 8

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Thurgood Marshall, Harry A. Blackmun, John Paul Stevens
On: February 2nd, 1982
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 9

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: None
On: February 4th, 1982
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 10

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: None
On: February 8th, 1982
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 11

From: William J. Brennan, Jr.
To: Thurgood Marshall, Harry A. Blackmun, Lewis F. Powell
Copied: None
On: February 8th, 1982
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 12

From: William J. Brennan, Jr.
To: Thurgood Marshall, Harry A. Blackmun, Lewis F. Powell
Copied: None
On: February 8th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: Lewis F. Powell
To: Conference
Copied: None
On: February 9th, 1982
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 14

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: February 10th, 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 15

From: Warren E. Burger
To: Conference
Copied: None
On: February 10th, 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 16

From: Sanda Day O'Connor
To: William J. Brennan, Jr.
Copied: Conference
On: February 11th, 1982
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 17

From: Warren E. Burger
To: Conference
Copied: None
On: February 26th, 1982
Action: Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)
Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)

Document 18

From: Warren E. Burger
To: Conference
Copied: None
On: February 26th, 1982
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 19

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: March 8th, 1982
Action: May Join Dissent
Memos where a justice expresses the inclination to join a dissenting opinion, including joining the dissent in part; memos may also state a justice’s intention to join a dissent if another justice writes or circulates one; memos may also state that a justice expects to join or tentatively joins a dissent
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 20

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Harry A. Blackmun, Lewis F. Powell, John Paul Stevens
On: March 10th, 1982
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.

Document 21

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Thurgood Marshall, Lewis F. Powell, John Paul Stevens
On: March 10th, 1982
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.
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 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

Document 22

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Thurgood Marshall, Harry A. Blackmun, Lewis F. Powell
On: March 10th, 1982
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: 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 23

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: William J. Brennan, Jr., Thurgood Marshall, John Paul Stevens
On: March 12th, 1982
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: 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 24

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: None
On: April 5th, 1982
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 25

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

Document 26

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: None
On: April 7th, 1982
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
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 27

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: April 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 28

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: April 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 29

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: April 9th, 1982
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 30

From: Lewis F. Powell
To: Conference
Copied: None
On: April 9th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 31

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 11th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 32

From: Thurgood Marshall
To: Conference
Copied: None
On: May 14th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 33

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: None
On: May 14th, 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 34

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 20th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 35

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: June 4th, 1982
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 36

From: Warren E. Burger
To: Conference
Copied: None
On: June 4th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 37

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: June 4th, 1982
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 38

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: June 7th, 1982
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 39

From: Lewis F. Powell
To: Conference
Copied: None
On: June 7th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 40

From: Warren E. Burger
To: Conference
Copied: None
On: June 10th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 41

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 10th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 42

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 15th, 1982
Action: Proposes Disposition of Held Cases
Memo lists cases held for an opinion and gives cert votes or votes on the merits for the held cases; justice may state that held cases should be discussed at conference

Document 43

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: None
On: June 16th, 1982
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