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Bolger V. Youngs Drug Products Corp. (1982)

 

Document 1

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: March 3rd, 1983
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 2

From: Thurgood Marshall
To: Conference
Copied: None
On: April 29th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: April 30th, 1983
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 4

From: Sanda Day O'Connor
To: Thurgood Marshall
Copied: Conference
On: May 2nd, 1983
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 5

From: William H. Rehnquist
To: Thurgood Marshall
Copied: Conference
On: May 2nd, 1983
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 6

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: May 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 7

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: May 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 H. Rehnquist
To: Conference
Copied: None
On: May 28th, 1983
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 9

From: Sanda Day O'Connor
To: William H. Rehnquist
Copied: Conference
On: May 31st, 1983
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 10

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: June 6th, 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...
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: Thurgood Marshall
To: Conference
Copied: None
On: June 7th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: June 7th, 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: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: June 13th, 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: John Paul Stevens
To: Thurgood Marshall
Copied: Conference
On: June 14th, 1983
Action: May Write Concurring Opinion
A memo where a justice states that he or she may (or will likely) write a concurring opinion; this also applies to opinions that concur in part, concurrences in judgment, or concurrences at foot.

Document 15

From: William H. Rehnquist
To: Conference
Copied: None
On: June 14th, 1983
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 16

From: John Paul Stevens
To: Conference
Copied: None
On: June 17th, 1983
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 17

From: John Paul Stevens
To: Conference
Copied: None
On: June 20th, 1983
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 18

From: John Paul Stevens
To: Conference
Copied: None
On: June 21st, 1983
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 19

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: June 22nd, 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