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United States V. Rodgers (1982)

 

Document 1

From: Sanda Day O'Connor
To: Harry A. Blackmun
Copied: William H. Rehnquist, John Paul Stevens
On: December 14th, 1982
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 2

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: John Paul Stevens, Sanda Day O'Connor
On: December 14th, 1982
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 3

From: Harry A. Blackmun
To: Warren E. Burger
Copied: None
On: December 14th, 1982
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
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 4

From: Harry A. Blackmun
To: William H. Rehnquist, John Paul Stevens, Sanda Day O'Connor
Copied: None
On: December 14th, 1982
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
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: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: December 15th, 1982
Action: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice
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 6

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 4th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: Sanda Day O'Connor
To: William J. Brennan, Jr.
Copied: Conference
On: February 8th, 1983
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 8

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: February 8th, 1983
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 9

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 16th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: February 17th, 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: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: February 17th, 1983
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 12

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: February 24th, 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 13

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: March 3rd, 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 14

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 12th, 1983
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 15

From: Sanda Day O'Connor
To: Harry A. Blackmun
Copied: Conference
On: May 13th, 1983
Action: Join Concur in Part and Dissent in Part
Memos where justices state that they join an opinion that concurs in part and dissents in part; alternatively, the opinion that is joined might concur in judgment and dissent. The identity of the opinion author who receives the join is located in the JOINED variable.

Document 16

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: Conference
On: May 13th, 1983
Action: Join Concur in Part and Dissent in Part
Memos where justices state that they join an opinion that concurs in part and dissents in part; alternatively, the opinion that is joined might concur in judgment and dissent. The identity of the opinion author who receives the join is located in the JOINED variable.

Document 17

From: John Paul Stevens
To: Harry A. Blackmun
Copied: Conference
On: May 16th, 1983
Action: Join Concur in Part and Dissent in Part
Memos where justices state that they join an opinion that concurs in part and dissents in part; alternatively, the opinion that is joined might concur in judgment and dissent. The identity of the opinion author who receives the join is located in the JOINED variable.

Document 18

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: May 18th, 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 19

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: May 19th, 1983
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion

Document 20

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 23rd, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 21

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 25th, 1983
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 22

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 26th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 23

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 27th, 1983
Action: Majority Opinion
This refers to a majority opinion draft