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United States V. Ross (1981)

 

Document 1

From: John Paul Stevens
To: Conference
Copied: None
On: September 29th, 1981
Action: Order
This refers to a draft order

Document 2

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: September 30th, 1981
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case

Document 3

From: Harry A. Blackmun
To: John Paul Stevens
Copied: Conference
On: September 30th, 1981
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case

Document 4

From: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: September 30th, 1981
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case

Document 5

From: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: September 30th, 1981
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case

Document 6

From: Sanda Day O'Connor
To: John Paul Stevens
Copied: Conference
On: September 30th, 1981
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case
Action: Suggestion to Order
This includes memos with suggestions for changes in an order that does not dispose of the case. The identity of the justice who proposed the order is located in the JOINED variable.

Document 7

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: October 7th, 1981
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case

Document 8

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: March 3rd, 1982
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition
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 9

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: March 3rd, 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
Action: Await Majority Opinion
Justice says they await writing of majority opinion

Document 10

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Byron R. White
On: March 9th, 1982
Action: Dissent Opinion Assignment
The memo may ask another justice to write a dissent; a justice may indicate that the dissent will not be assigned right now; memo responding to a dissent assignment (but not accepting assignment, which would be Code 204)

Document 11

From: John Paul Stevens
To: Conference
Copied: None
On: May 5th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Thurgood Marshall
To: John Paul Stevens
Copied: Conference
On: May 6th, 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 13

From: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: May 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 14

From: John Paul Stevens
To: Conference
Copied: None
On: May 8th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: John Paul Stevens
To: Lewis F. Powell
Copied: None
On: May 10th, 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 16

From: Lewis F. Powell
To: John Paul Stevens
Copied: None
On: May 10th, 1982
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
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

Document 17

From: Byron R. White
To: John Paul Stevens
Copied: Conference
On: May 11th, 1982
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 18

From: John Paul Stevens
To: Conference
Copied: None
On: May 11th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: Sanda Day O'Connor
To: John Paul Stevens
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 20

From: Thurgood Marshall
To: Conference
Copied: None
On: May 18th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 21

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 18th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 22

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: May 19th, 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...

Document 23

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: May 20th, 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 24

From: Byron R. White
To: Conference
Copied: None
On: May 21st, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 25

From: Byron R. White
To: Conference
Copied: None
On: May 24th, 1982
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: May 24th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 27

From: Lewis F. Powell
To: Conference
Copied: None
On: May 25th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 28

From: Lewis F. Powell
To: John Paul Stevens
Copied: None
On: May 25th, 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: 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 29

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: May 26th, 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 30

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

Document 31

From: John Paul Stevens
To: Conference
Copied: None
On: May 26th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 32

From: Thurgood Marshall
To: Conference
Copied: None
On: May 27th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 33

From: John Paul Stevens
To: Conference
Copied: None
On: May 28th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 34

From: John Paul Stevens
To: Conference
Copied: None
On: June 9th, 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