Show / Hide Files

Oregon V. Kennedy (1981)

 

Document 1

From: William H. Rehnquist
To: Conference
Copied: None
On: April 14th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: William H. Rehnquist
To: Conference
Copied: None
On: April 15th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Thurgood Marshall
To: William H. Rehnquist
Copied: Conference
On: April 15th, 1982
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 4

From: John Paul Stevens
To: William H. Rehnquist
Copied: Conference
On: April 15th, 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 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 5

From: William J. Brennan, Jr.
To: William H. Rehnquist
Copied: Conference
On: April 15th, 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 6

From: William H. Rehnquist
To: Lewis F. Powell
Copied: None
On: April 21st, 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: Lewis F. Powell
To: William H. Rehnquist
Copied: None
On: April 21st, 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: 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: 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 8

From: William H. Rehnquist
To: Conference
Copied: None
On: April 22nd, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 9

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: April 23rd, 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: 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: Sanda Day O'Connor
To: William H. Rehnquist
Copied: Conference
On: April 26th, 1982
Action: Await Concurrence
Justice awaits a concurring opinion, including an opinion that concurs in part or that concurs in judgment

Document 11

From: Lewis F. Powell
To: Conference
Copied: None
On: April 26th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 12

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: May 3rd, 1982
Action: Await Concurrence
Justice awaits a concurring opinion, including an opinion that concurs in part or that concurs in judgment
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 13

From: John Paul Stevens
To: Conference
Copied: None
On: May 8th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 14

From: Harry A. Blackmun
To: John Paul Stevens
Copied: Conference
On: May 10th, 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 15

From: William J. Brennan, Jr.
To: John Paul Stevens
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.
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate 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 16

From: John Paul Stevens
To: Conference
Copied: None
On: May 11th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 17

From: William H. Rehnquist
To: Conference
Copied: None
On: May 11th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 18

From: Sanda Day O'Connor
To: William H. Rehnquist
Copied: Conference
On: May 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 19

From: Thurgood Marshall
To: John Paul Stevens
Copied: Conference
On: May 12th, 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 20

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: May 17th, 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: John Paul Stevens
To: Conference
Copied: None
On: May 17th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 22

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: May 19th, 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 23

From: William H. Rehnquist
To: Conference
Copied: None
On: May 19th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 24

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: May 19th, 1982
Action: Will Not Modify Separate Opinion
A memo where a justice states that he or she will not change a separate opinion, which includes all concurring, dissenting, or hybrid opinions

Document 25

From: Lewis F. Powell
To: Conference
Copied: None
On: May 20th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 26

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 20th, 1982
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 27

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: May 21st, 1982
Action: Join "Separate Opinion"
Memos where a justice joins an unlabeled opinion or a "separate opinion"; this does not include joinder of dissent or concurring opinions

Document 28

From: William H. Rehnquist
To: Conference
Copied: None
On: May 24th, 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