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United States V. Security Industrial Bank (1982)

 

Document 1

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Thurgood Marshall, John Paul Stevens
On: October 12th, 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 2

From: William H. Rehnquist
To: Conference
Copied: None
On: October 21st, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Thurgood Marshall
To: William H. Rehnquist
Copied: Conference
On: October 21st, 1982
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 4

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: October 21st, 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: William H. Rehnquist
To: Conference
Copied: None
On: October 22nd, 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 6

From: John Paul Stevens
To: William H. Rehnquist
Copied: Conference
On: October 22nd, 1982
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 7

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: October 22nd, 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: William H. Rehnquist
To: Conference
Copied: None
On: October 26th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 9

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: October 26th, 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: Sanda Day O'Connor
To: William H. Rehnquist
Copied: Conference
On: October 26th, 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: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: October 27th, 1982
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 12

From: William H. Rehnquist
To: Conference
Copied: None
On: October 28th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: Harry A. Blackmun
To: Conference
Copied: None
On: November 17th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 14

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: November 18th, 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 15

From: John Paul Stevens
To: William H. Rehnquist
Copied: Conference
On: November 18th, 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 16

From: Harry A. Blackmun
To: William J. Brennan, Jr., Thurgood Marshall, John Paul Stevens
Copied: None
On: November 18th, 1982
Action: May Join Judgment
Memos where a justice states the inclination to join a judgment of the Court

Document 17

From: John Paul Stevens
To: Harry A. Blackmun
Copied: None
On: November 18th, 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 18

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: November 22nd, 1982
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 19

From: Harry A. Blackmun
To: William J. Brennan, Jr., Thurgood Marshall
Copied: None
On: November 22nd, 1982
Action: Attached Material Relevant to a Case
This may include memos about maps or pictures that will be incorporated in opinion; cover memo to circulation of some relevant non-case material for an opinion (e.g., newspaper article, related lower court opinion); memos may mention extra-court material that might be relevant (e.g., congressional hearings, a statute, other opinions that are somehow (perhaps tangentially) related to case at hand); circulation of clerk’s memo about case

Document 20

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: November 23rd, 1982
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 21

From: William H. Rehnquist
To: Conference
Copied: None
On: December 6th, 1982
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

Document 22

From: William H. Rehnquist
To: Conference
Copied: None
On: December 9th, 1982
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