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Hutto V. Davis (1981)

 

Document 1

From: William H. Rehnquist
To: Conference
Copied: None
On: November 6th, 1981
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 2

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: November 6th, 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 3

From: Sanda Day O'Connor
To: William H. Rehnquist
Copied: Conference
On: November 7th, 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 4

From: William J. Brennan, Jr.
To: William H. Rehnquist
Copied: Conference
On: November 9th, 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: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: November 20th, 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: Lewis F. Powell
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 7

From: Lewis F. Powell
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 8

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: November 27th, 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: 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: 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: William H. Rehnquist
To: Conference
Copied: None
On: December 1st, 1981
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 10

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: December 1st, 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 J. Brennan, Jr.
To: William H. Rehnquist
Copied: Conference
On: December 2nd, 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 12

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 17th, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: December 17th, 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 14

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: December 17th, 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 15

From: Lewis F. Powell
To: Conference
Copied: None
On: December 21st, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 16

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 21st, 1981
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form