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Postal Service Board Of Governors V. Aikens (1982)

 

Document 1

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Harry A. Blackmun
On: November 18th, 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: William H. Rehnquist
To: Conference
Copied: None
On: December 9th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: John Paul Stevens
To: William H. Rehnquist
Copied: Conference
On: December 9th, 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 4

From: Thurgood Marshall
To: William H. Rehnquist
Copied: Conference
On: December 9th, 1982
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 5

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: December 15th, 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 6

From: Lewis F. Powell
To: William H. Rehnquist
Copied: None
On: December 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 7

From: William H. Rehnquist
To: Lewis F. Powell
Copied: None
On: December 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 8

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: December 22nd, 1982
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 9

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: December 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 10

From: Lewis F. Powell
To: William H. Rehnquist
Copied: None
On: December 29th, 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 11

From: Lewis F. Powell
To: William H. Rehnquist
Copied: None
On: December 30th, 1982
Action: May Join Judgment
Memos where a justice states the inclination to join a judgment of the Court
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 12

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: January 3rd, 1983
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 13

From: Sanda Day O'Connor
To: William H. Rehnquist
Copied: Conference
On: January 4th, 1983
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 14

From: Thurgood Marshall
To: Conference
Copied: None
On: January 11th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 15

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: January 12th, 1983
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 16

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: January 13th, 1983
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 17

From: William H. Rehnquist
To: Conference
Copied: None
On: January 14th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 18

From: Thurgood Marshall
To: Conference
Copied: None
On: January 25th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: Lewis F. Powell
To: Conference
Copied: None
On: February 17th, 1983
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 20

From: Sanda Day O'Connor
To: Conference
Copied: None
On: February 22nd, 1983
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 21

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: None
On: February 23rd, 1983
Action: Suggestion to Separate Opinion
Memo states includes a justice's suggestion for a separate opinion (e.g., don't agree with reasoning of separate opinion; comment on separate opinion; will join separate opinion if; cannot join separate opinion; will be making suggestion to separate opinion). The identity of the separate opinion author who receives suggestion is located in the JOINED variable.

Document 22

From: Lewis F. Powell
To: John Paul Stevens
Copied: None
On: February 24th, 1983
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 23

From: John Paul Stevens
To: Lewis F. Powell
Copied: None
On: February 25th, 1983
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 24

From: William H. Rehnquist
To: Conference
Copied: None
On: February 28th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 25

From: Lewis F. Powell
To: John Paul Stevens
Copied: None
On: February 28th, 1983
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 26

From: John Paul Stevens
To: Lewis F. Powell, William H. Rehnquist, Sanda Day O'Connor
Copied: None
On: March 2nd, 1983
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 27

From: William H. Rehnquist
To: John Paul Stevens
Copied: Lewis F. Powell, Sanda Day O'Connor
On: March 3rd, 1983
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: William H. Rehnquist
To: Lewis F. Powell
Copied: None
On: March 9th, 1983
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 29

From: Lewis F. Powell
To: William H. Rehnquist
Copied: None
On: March 9th, 1983
Action: Thank You Notes
Justices circulate memos thanking another justice for making a change to an opinion or thanking an author for considering a justice's suggestions

Document 30

From: William H. Rehnquist
To: Conference
Copied: None
On: March 13th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 31

From: William H. Rehnquist
To: Warren E. Burger, Byron R. White, John Paul Stevens
Copied: Lewis F. Powell, Sanda Day O'Connor
On: March 14th, 1983
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 32

From: John Paul Stevens
To: William H. Rehnquist
Copied: Warren E. Burger, Byron R. White, Lewis F. Powell
On: March 14th, 1983
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 33

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: March 14th, 1983
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 34

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: March 14th, 1983
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 35

From: John Paul Stevens
To: William H. Rehnquist
Copied: Conference
On: March 16th, 1983
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 36

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: March 16th, 1983
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 37

From: Thurgood Marshall
To: William H. Rehnquist
Copied: Conference
On: March 28th, 1983
Action: Join Judgment of Court
Memos where a justice states that they join the judgment or result of the Court or where they join part of the judgment

Document 38

From: William J. Brennan, Jr.
To: William H. Rehnquist
Copied: Conference
On: March 28th, 1983
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 39

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 29th, 1983
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 40

From: William H. Rehnquist
To: Conference
Copied: None
On: March 29th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 41

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: March 29th, 1983
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 42

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 1st, 1983
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 43

From: William H. Rehnquist
To: Conference
Copied: None
On: April 14th, 1983
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