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Eddings V. Oklahoma (1981)

 

Document 1

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: November 5th, 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: Warren E. Burger
To: Conference
Copied: None
On: November 16th, 1981
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 3

From: Lewis F. Powell
To: Conference
Copied: None
On: December 1st, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: December 1st, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 5

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: December 1st, 1981
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)

Document 6

From: Warren E. Burger
To: Conference
Copied: None
On: December 1st, 1981
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 7

From: Lewis F. Powell
To: Conference
Copied: None
On: December 2nd, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: John Paul Stevens
To: Lewis F. Powell
Copied: None
On: December 2nd, 1981
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 9

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: December 2nd, 1981
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: Sanda Day O'Connor
To: Lewis F. Powell
Copied: Conference
On: December 3rd, 1981
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 11

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 3rd, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 12

From: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: December 3rd, 1981
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 13

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: December 3rd, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 14

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 4th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 15

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: December 14th, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 16

From: Warren E. Burger
To: Conference
Copied: None
On: December 30th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 17

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: December 30th, 1981
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 18

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: January 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.
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 19

From: Lewis F. Powell
To: Conference
Copied: None
On: January 4th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 20

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: January 5th, 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 21

From: Lewis F. Powell
To: Sanda Day O'Connor
Copied: None
On: January 7th, 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 22

From: Sanda Day O'Connor
To: Conference
Copied: None
On: January 7th, 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 23

From: Lewis F. Powell
To: Sanda Day O'Connor
Copied: None
On: January 11th, 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
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: Sanda Day O'Connor
To: Lewis F. Powell
Copied: None
On: January 11th, 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: 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 25

From: Warren E. Burger
To: Conference
Copied: None
On: January 12th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 26

From: Lewis F. Powell
To: Conference
Copied: None
On: January 13th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 27

From: Sanda Day O'Connor
To: Conference
Copied: None
On: January 15th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 28

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

Document 29

From: Lewis F. Powell
To: Conference
Copied: None
On: January 20th, 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