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Lugar V. Edmondson Oil Co. (1981)

 

Document 1

From: Byron R. White
To: Conference
Copied: None
On: January 5th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Byron R. White
To: Conference
Copied: None
On: January 6th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: January 6th, 1982
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 "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 4

From: Sanda Day O'Connor
To: Byron R. White
Copied: Conference
On: January 6th, 1982
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: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 5

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: January 6th, 1982
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 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: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: January 6th, 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 7

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: January 6th, 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 8

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: January 7th, 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
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 9

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: January 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 10

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: January 11th, 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.
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 11

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: January 13th, 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 12

From: Lewis F. Powell
To: Conference
Copied: None
On: January 18th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 13

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: None
On: January 18th, 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
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 14

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: None
On: January 19th, 1982
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 15

From: William J. Brennan, Jr.
To: Byron R. White
Copied: None
On: January 19th, 1982
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: 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: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: January 20th, 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 17

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: None
On: January 21st, 1982
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 18

From: Lewis F. Powell
To: Sanda Day O'Connor
Copied: None
On: January 25th, 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
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 19

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: February 1st, 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: Warren E. Burger
To: Byron R. White
Copied: Conference
On: February 14th, 1982
Action: May Write Dissenting Opinion
A memo where a justice states that he or she may (or will likely) write a dissenting opinion (e.g., considering a dissent, expects to write dissent, will probably write dissent, may write dissent in part, inclined to dissent, shall likely be in dissent, may not write dissent, and hope not to write dissent)
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

Document 21

From: Warren E. Burger
To: Conference
Copied: None
On: March 18th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 22

From: William J. Brennan, Jr.
To: Byron R. White
Copied: None
On: April 15th, 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

Document 23

From: Byron R. White
To: William J. Brennan, Jr.
Copied: None
On: April 16th, 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 24

From: Byron R. White
To: Conference
Copied: None
On: April 19th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 25

From: Lewis F. Powell
To: Conference
Copied: None
On: April 21st, 1982
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 26

From: Lewis F. Powell
To: Sanda Day O'Connor
Copied: Warren E. Burger, William H. Rehnquist
On: April 30th, 1982
Action: Dissenting Opinion Author's Response
May be a response to a suggestion, majority opinion, or 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 27

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: Warren E. Burger, William H. Rehnquist
On: May 3rd, 1982
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 28

From: Sanda Day O'Connor
To: Byron R. White
Copied: Conference
On: May 3rd, 1982
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 29

From: William J. Brennan, Jr.
To: Byron R. White
Copied: None
On: May 5th, 1982
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority opinion).
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 30

From: William J. Brennan, Jr.
To: Byron R. White
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 31

From: Byron R. White
To: Conference
Copied: None
On: May 12th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 32

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: Conference
On: June 9th, 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 33

From: Lewis F. Powell
To: Conference
Copied: None
On: June 9th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 34

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: June 11th, 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 35

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: June 11th, 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 36

From: Lewis F. Powell
To: Conference
Copied: None
On: June 11th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 37

From: Byron R. White
To: Conference
Copied: None
On: June 17th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 38

From: Lewis F. Powell
To: Conference
Copied: None
On: June 21st, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 39

From: Warren E. Burger
To: Conference
Copied: None
On: June 22nd, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form