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Moses H. Cone Memorial Hospital V. Mercury Construction Corp. (1982)

 

Document 1

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 28th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: December 29th, 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 3

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: December 29th, 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: John Paul Stevens
To: William J. Brennan, Jr.
Copied: None
On: January 3rd, 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 5

From: Sanda Day O'Connor
To: William J. Brennan, Jr.
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 6

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: None
On: January 4th, 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 7

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: January 4th, 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 8

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: None
On: January 5th, 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 9

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: None
On: January 6th, 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
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 10

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: January 6th, 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 11

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: None
On: January 7th, 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 12

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 8th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: William H. Rehnquist
To: Conference
Copied: None
On: January 12th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 14

From: Warren E. Burger
To: William H. Rehnquist
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 15

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

Document 16

From: Sanda Day O'Connor
To: William H. Rehnquist
Copied: Conference
On: January 17th, 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 19th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 18

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: January 24th, 1983
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 19

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: None
On: January 24th, 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 20

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: January 25th, 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 21

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 25th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 22

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: January 27th, 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 23

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 31st, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 24

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 15th, 1983
Action: Majority Opinion
This refers to a majority opinion draft