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Rose V. Lundy (1981)

 

Document 1

From: Sanda Day O'Connor
To: Conference
Copied: None
On: November 23rd, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Byron R. White
To: Sanda Day O'Connor
Copied: Conference
On: November 24th, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 3

From: Thurgood Marshall
To: Sanda Day O'Connor
Copied: Conference
On: November 24th, 1981
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: Sanda Day O'Connor
Copied: Conference
On: November 24th, 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
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
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 5

From: Lewis F. Powell
To: Sanda Day O'Connor
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 6

From: Harry A. Blackmun
To: Sanda Day O'Connor
Copied: Conference
On: November 24th, 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: William J. Brennan, Jr.
To: Sanda Day O'Connor
Copied: Conference
On: November 25th, 1981
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 8

From: William H. Rehnquist
To: Sanda Day O'Connor
Copied: Conference
On: November 25th, 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: Will Concur If...
Justice states conditions for a concurrence, including a concurrence in part or concurrence in judgment; memo may also state conditions for withdrawing a concurring opinion

Document 9

From: Warren E. Burger
To: Sanda Day O'Connor
Copied: Conference
On: November 25th, 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: Conference
Copied: None
On: December 1st, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 11

From: Sanda Day O'Connor
To: William J. Brennan, Jr.
Copied: Conference
On: December 1st, 1981
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 12

From: Sanda Day O'Connor
To: William J. Brennan, Jr.
Copied: Conference
On: December 3rd, 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 13

From: William J. Brennan, Jr.
To: Sanda Day O'Connor
Copied: Conference
On: December 3rd, 1981
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: 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 14

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 4th, 1981
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: Sanda Day O'Connor
To: Conference
Copied: None
On: December 7th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: William H. Rehnquist
To: Sanda Day O'Connor
Copied: Conference
On: December 10th, 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 17

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 11th, 1981
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 18

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: December 14th, 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 19

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 16th, 1981
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 20

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 4th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 21

From: Byron R. White
To: Conference
Copied: None
On: January 5th, 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 22

From: John Paul Stevens
To: Sanda Day O'Connor
Copied: Conference
On: January 5th, 1982
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 23

From: Byron R. White
To: Conference
Copied: None
On: January 6th, 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 24

From: John Paul Stevens
To: Conference
Copied: None
On: February 16th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 25

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 18th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 26

From: Sanda Day O'Connor
To: Conference
Copied: None
On: February 28th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 27

From: Harry A. Blackmun
To: Sanda Day O'Connor
Copied: Conference
On: March 1st, 1982
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 28

From: William J. Brennan, Jr.
To: Sanda Day O'Connor
Copied: Conference
On: March 1st, 1982
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 29

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 2nd, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 30

From: Sanda Day O'Connor
To: Conference
Copied: None
On: March 2nd, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 31

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 2nd, 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 32

From: Sanda Day O'Connor
To: Conference
Copied: None
On: March 4th, 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

Document 33

From: Sanda Day O'Connor
To: Conference
Copied: None
On: March 4th, 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

Document 34

From: Sanda Day O'Connor
To: Conference
Copied: None
On: March 4th, 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