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Harlow V. Fitzgerald (1981)

 

Document 1

From: Lewis F. Powell
To: John Paul Stevens
Copied: None
On: December 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 2

From: John Paul Stevens
To: Lewis F. Powell
Copied: None
On: March 10th, 1982
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 3

From: Lewis F. Powell
To: John Paul Stevens
Copied: None
On: March 12th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: Lewis F. Powell
To: John Paul Stevens
Copied: None
On: March 12th, 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 5

From: John Paul Stevens
To: Lewis F. Powell
Copied: None
On: March 15th, 1982
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 6

From: Lewis F. Powell
To: John Paul Stevens
Copied: None
On: March 15th, 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 7

From: Lewis F. Powell
To: Conference
Copied: None
On: March 17th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: Lewis F. Powell
To: Warren E. Burger, William H. Rehnquist
Copied: None
On: March 17th, 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 9

From: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: March 18th, 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 10

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: March 18th, 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 11

From: Warren E. Burger
To: Conference
Copied: None
On: March 30th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: None
On: April 1st, 1982
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 13

From: William H. Rehnquist
To: Lewis F. Powell
Copied: None
On: April 1st, 1982
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: Sanda Day O'Connor
To: Lewis F. Powell
Copied: William H. Rehnquist
On: April 5th, 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).

Document 15

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: April 5th, 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.
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 16

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: Conference
On: April 5th, 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 17

From: William H. Rehnquist
To: Conference
Copied: None
On: April 6th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 18

From: Lewis F. Powell
To: Conference
Copied: None
On: April 6th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: Warren E. Burger
To: Conference
Copied: None
On: April 22nd, 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: Lewis F. Powell
Copied: Conference
On: May 19th, 1982
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 21

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: May 21st, 1982
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.
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 22

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: May 22nd, 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 23

From: William H. Rehnquist
To: Lewis F. Powell
Copied: None
On: May 26th, 1982
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 24

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: None
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.
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 25

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

Document 26

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: May 26th, 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 27

From: Lewis F. Powell
To: Sanda Day O'Connor
Copied: None
On: May 26th, 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 28

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: May 27th, 1982
Action: Concur at Foot
This refers to a letter where a justice asks that a concurrence (or a concurrence in part) be noted at the foot of an opinion
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 29

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: Conference
On: May 27th, 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: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 27th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 31

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: May 28th, 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 32

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: May 31st, 1982
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 33

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 31st, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 34

From: William J. Brennan, Jr.
To: Byron R. White, Harry A. Blackmun
Copied: None
On: June 1st, 1982
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 35

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 1st, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 36

From: William J. Brennan, Jr.
To: Byron R. White, Harry A. Blackmun
Copied: None
On: June 1st, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 37

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Harry A. Blackmun
On: June 1st, 1982
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 38

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Byron R. White
On: June 1st, 1982
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 39

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: June 2nd, 1982
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 40

From: Warren E. Burger
To: Conference
Copied: None
On: June 3rd, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 41

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 3rd, 1982
Action: Withdraw Concurring Opinion
This includes withdrawn concurrences in part, concurrence in judgment, and concurrence at foot

Document 42

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 3rd, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 43

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: June 3rd, 1982
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 44

From: Lewis F. Powell
To: Conference
Copied: None
On: June 3rd, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 45

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

Document 46

From: Lewis F. Powell
To: Byron R. White
Copied: None
On: June 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 47

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 8th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 48

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 8th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 49

From: Lewis F. Powell
To: Conference
Copied: None
On: June 8th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 50

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 9th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 51

From: Warren E. Burger
To: Conference
Copied: None
On: June 11th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 52

From: Lewis F. Powell
To: Conference
Copied: None
On: June 19th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 53

From: Warren E. Burger
To: Conference
Copied: None
On: June 22nd, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form