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Citizens Against Rent Control/coalition For Fair Housing V. Berkeley (1981)

 

Document 1

From: Thurgood Marshall
To: Conference
Copied: None
On: None provided.
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 2

From: Warren E. Burger
To: Conference
Copied: None
On: November 13th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: November 16th, 1981
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 4

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: November 16th, 1981
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
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 5

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: November 16th, 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 6

From: Byron R. White
To: Warren E. Burger
Copied: Conference
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 7

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: November 17th, 1981
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: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: November 17th, 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: Warren E. Burger
To: Conference
Copied: None
On: November 18th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: November 18th, 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 11

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: November 18th, 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 12

From: William H. Rehnquist
To: Conference
Copied: None
On: November 18th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 13

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: November 19th, 1981
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
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 14

From: Harry A. Blackmun
To: Conference
Copied: None
On: November 23rd, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 15

From: Byron R. White
To: Conference
Copied: None
On: November 24th, 1981
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: November 24th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 17

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: November 24th, 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 18

From: Byron R. White
To: Conference
Copied: None
On: November 25th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: Sanda Day O'Connor
To: Conference
Copied: None
On: December 7th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 20

From: Warren E. Burger
To: Conference
Copied: None
On: December 7th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 21

From: Harry A. Blackmun
To: Sanda Day O'Connor
Copied: None
On: December 8th, 1981
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 22

From: Sanda Day O'Connor
To: Harry A. Blackmun
Copied: None
On: December 10th, 1981
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 23

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 10th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 24

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Harry A. Blackmun
On: December 10th, 1981
Action: Withdraw Concurring Opinion
This includes withdrawn concurrences in part, concurrence in judgment, and concurrence at foot
Action: May Join Concurrence
Memos where a justice expresses the inclination to join a concurring opinion, including a concurrence in the judgment or result.

Document 25

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: December 10th, 1981
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
Action: Withdraw Concurring Opinion
This includes withdrawn concurrences in part, concurrence in judgment, and concurrence at foot

Document 26

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 11th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 27

From: Thurgood Marshall
To: Conference
Copied: None
On: December 11th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 28

From: Warren E. Burger
To: Conference
Copied: None
On: December 23rd, 1981
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