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Briscoe V. Lahue (1982)

 

Document 1

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Thurgood Marshall, 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: Byron R. White
To: William J. Brennan, Jr.
Copied: Thurgood Marshall, Harry A. Blackmun
On: November 18th, 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: John Paul Stevens
To: Conference
Copied: None
On: December 18th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: December 20th, 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 5

From: Sanda Day O'Connor
To: John Paul Stevens
Copied: Conference
On: December 20th, 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: William J. Brennan, Jr.
To: Thurgood Marshall, Harry A. Blackmun
Copied: None
On: December 21st, 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 7

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: December 21st, 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: Byron R. White
To: John Paul Stevens
Copied: Conference
On: December 21st, 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: Thurgood Marshall
To: John Paul Stevens
Copied: Conference
On: December 27th, 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 10

From: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: December 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 11

From: Harry A. Blackmun
To: John Paul Stevens
Copied: Conference
On: January 3rd, 1983
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 12

From: Thurgood Marshall
To: Conference
Copied: None
On: February 11th, 1983
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: Conference
Copied: None
On: February 15th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 17th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 15

From: Thurgood Marshall
To: Conference
Copied: None
On: February 23rd, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 16

From: John Paul Stevens
To: Conference
Copied: None
On: February 25th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: None
On: March 3rd, 1983
Action: May Join Dissent
Memos where a justice expresses the inclination to join a dissenting opinion, including joining the dissent in part; memos may also state a justice’s intention to join a dissent if another justice writes or circulates one; memos may also state that a justice expects to join or tentatively joins a dissent
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 18

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 3rd, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 3rd, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 20

From: Thurgood Marshall
To: Conference
Copied: None
On: March 4th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 21

From: John Paul Stevens
To: Conference
Copied: None
On: March 7th, 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