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New York V. Ferber (1981)

 

Document 1

From: William J. Brennan, Jr.
To: Thurgood Marshall, Harry A. Blackmun, John Paul Stevens
Copied: None
On: May 4th, 1982
Action: Dissent Opinion Assignment
The memo may ask another justice to write a dissent; a justice may indicate that the dissent will not be assigned right now; memo responding to a dissent assignment (but not accepting assignment, which would be Code 204)

Document 2

From: Byron R. White
To: Conference
Copied: None
On: June 4th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: June 4th, 1982
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: Byron R. White
Copied: Conference
On: June 4th, 1982
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
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: William J. Brennan, Jr.
To: Thurgood Marshall, Harry A. Blackmun, John Paul Stevens
Copied: None
On: June 4th, 1982
Action: Will Not Write Dissent
A memo where a justice states that he or she will not write a dissenting opinion or an opinion that dissents in part

Document 6

From: Sanda Day O'Connor
To: Byron R. White
Copied: None
On: June 7th, 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 7

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: June 7th, 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 8

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: June 7th, 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 9

From: Byron R. White
To: Sanda Day O'Connor
Copied: Conference
On: June 8th, 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: Byron R. White
To: Conference
Copied: None
On: June 8th, 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 11

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: June 8th, 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
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 12

From: Sanda Day O'Connor
To: Byron R. White
Copied: Conference
On: June 8th, 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 13

From: Byron R. White
To: Conference
Copied: None
On: June 9th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: June 10th, 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 15

From: Sanda Day O'Connor
To: Byron R. White
Copied: Conference
On: June 14th, 1982
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
Action: Withdraw Join of Majority Opinion
This includes withdrawing joins of a per curiam opinion written by the assigned opinion author and withdrawing joins of part of a majority opinion

Document 16

From: Sanda Day O'Connor
To: Conference
Copied: None
On: June 14th, 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 17

From: Byron R. White
To: Conference
Copied: None
On: June 17th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 18

From: Sanda Day O'Connor
To: Byron R. White
Copied: Conference
On: June 18th, 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 19

From: Sanda Day O'Connor
To: Conference
Copied: None
On: June 21st, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 20

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: June 22nd, 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 21

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 22nd, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 22

From: John Paul Stevens
To: Conference
Copied: None
On: June 25th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 23

From: Byron R. White
To: Conference
Copied: None
On: June 25th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 24

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: June 28th, 1982
Action: Concur in Judgment at Foot
This refers to a letter where a justice asks that a concurrence in judgment or the result be noted at the foot of an opinion, including a concur in judgment or result in part at foot

Document 25

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

Document 26

From: John Paul Stevens
To: Conference
Copied: None
On: June 29th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 27

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 30th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 28

From: Byron R. White
To: Conference
Copied: None
On: June 30th, 1982
Action: Separate Opinion Author's Response
Circulation of Change to Separate Opinion (e.g., footnote, portion of opinion, adding paragraph); this occurs in a memo, not on a draft opinion; circulation of change to unlabeled opinion