Show / Hide Files

Toll V. Moreno (1981)

 

Document 1

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: March 9th, 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 2

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

Document 3

From: Sanda Day O'Connor
To: William J. Brennan, Jr.
Copied: Conference
On: April 16th, 1982
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
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 4

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: April 16th, 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 5

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: April 16th, 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 6

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: April 16th, 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 7

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: April 16th, 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 8

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 19th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 9

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: April 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 10

From: Harry A. Blackmun
To: William J. Brennan, Jr.
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 11

From: William H. Rehnquist
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 12

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: June 10th, 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 13

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 14th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: Sanda Day O'Connor
To: Conference
Copied: None
On: June 21st, 1982
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 15

From: William H. Rehnquist
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 16

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 21st, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 17

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 21st, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 18

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 22nd, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: William H. Rehnquist
To: Conference
Copied: None
On: June 23rd, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 20

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 24th, 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