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Illinois V. Gates (1982)

 

Document 1

From: John Paul Stevens
To: Conference
Copied: None
On: October 15th, 1982
Action: Vote on a Motion (e.g., to vacate stay order, to deny an injunction)
Would deny stay; retain stay; suggest they not act on a motion or order; should vacate order; comment on when they should vote on the motion

Document 2

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: October 16th, 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

Document 3

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: October 18th, 1982
Action: Case Should be Reargued
Includes statement that maybe case should be reargued

Document 4

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: October 19th, 1982
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 5

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: October 19th, 1982
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.

Document 6

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: October 19th, 1982
Action: Disagree with Another Justice's Suggestion
Memo states that the justice disagrees with another justice's suggestion to the majority opinion author. The identity of the justice whose suggestion is countered is located in the JOINED variable.

Document 7

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: October 19th, 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

Document 8

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: October 19th, 1982
Action: Case Should be Reargued
Includes statement that maybe case should be reargued

Document 9

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: October 19th, 1982
Action: Case Should be Reargued
Includes statement that maybe case should be reargued

Document 10

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: October 28th, 1982
Action: Memo about Supplemental or Amicus Briefs
Justice may express views on need for additional briefs (e.g., no need for supplemental briefs); justices may discuss proposed questions for supplemental briefs; justices may discuss oral arguments, reargument, or parties' briefs (e.g., date, length, exact questions that should be presented at orals or in briefs); justices may discuss asking litigants for additional information

Document 11

From: John Paul Stevens
To: Conference
Copied: None
On: November 1st, 1982
Action: Memo about Supplemental or Amicus Briefs
Justice may express views on need for additional briefs (e.g., no need for supplemental briefs); justices may discuss proposed questions for supplemental briefs; justices may discuss oral arguments, reargument, or parties' briefs (e.g., date, length, exact questions that should be presented at orals or in briefs); justices may discuss asking litigants for additional information

Document 12

From: Sanda Day O'Connor
To: John Paul Stevens
Copied: Conference
On: November 2nd, 1982
Action: Memo about Supplemental or Amicus Briefs
Justice may express views on need for additional briefs (e.g., no need for supplemental briefs); justices may discuss proposed questions for supplemental briefs; justices may discuss oral arguments, reargument, or parties' briefs (e.g., date, length, exact questions that should be presented at orals or in briefs); justices may discuss asking litigants for additional information

Document 13

From: Sanda Day O'Connor
To: Byron R. White
Copied: Conference
On: November 2nd, 1982
Action: Memo about Supplemental or Amicus Briefs
Justice may express views on need for additional briefs (e.g., no need for supplemental briefs); justices may discuss proposed questions for supplemental briefs; justices may discuss oral arguments, reargument, or parties' briefs (e.g., date, length, exact questions that should be presented at orals or in briefs); justices may discuss asking litigants for additional information

Document 14

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: November 2nd, 1982
Action: Case Should be Reargued
Includes statement that maybe case should be reargued
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.

Document 15

From: Byron R. White
To: Conference
Copied: None
On: November 2nd, 1982
Action: Memo about Supplemental or Amicus Briefs
Justice may express views on need for additional briefs (e.g., no need for supplemental briefs); justices may discuss proposed questions for supplemental briefs; justices may discuss oral arguments, reargument, or parties' briefs (e.g., date, length, exact questions that should be presented at orals or in briefs); justices may discuss asking litigants for additional information

Document 16

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: November 2nd, 1982
Action: Memo about Supplemental or Amicus Briefs
Justice may express views on need for additional briefs (e.g., no need for supplemental briefs); justices may discuss proposed questions for supplemental briefs; justices may discuss oral arguments, reargument, or parties' briefs (e.g., date, length, exact questions that should be presented at orals or in briefs); justices may discuss asking litigants for additional information

Document 17

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: November 2nd, 1982
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.

Document 18

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: November 3rd, 1982
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.

Document 19

From: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: November 4th, 1982
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.

Document 20

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: November 4th, 1982
Action: Memo about Supplemental or Amicus Briefs
Justice may express views on need for additional briefs (e.g., no need for supplemental briefs); justices may discuss proposed questions for supplemental briefs; justices may discuss oral arguments, reargument, or parties' briefs (e.g., date, length, exact questions that should be presented at orals or in briefs); justices may discuss asking litigants for additional information

Document 21

From: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: November 4th, 1982
Action: Memo about Supplemental or Amicus Briefs
Justice may express views on need for additional briefs (e.g., no need for supplemental briefs); justices may discuss proposed questions for supplemental briefs; justices may discuss oral arguments, reargument, or parties' briefs (e.g., date, length, exact questions that should be presented at orals or in briefs); justices may discuss asking litigants for additional information

Document 22

From: John Paul Stevens
To: William H. Rehnquist
Copied: Conference
On: November 4th, 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 23

From: Byron R. White
To: Conference
Copied: None
On: November 5th, 1982
Action: Memo about Supplemental or Amicus Briefs
Justice may express views on need for additional briefs (e.g., no need for supplemental briefs); justices may discuss proposed questions for supplemental briefs; justices may discuss oral arguments, reargument, or parties' briefs (e.g., date, length, exact questions that should be presented at orals or in briefs); justices may discuss asking litigants for additional information

Document 24

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: November 5th, 1982
Action: Case Should be Reargued
Includes statement that maybe case should be reargued

Document 25

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: November 8th, 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 26

From: Thurgood Marshall
To: John Paul Stevens
Copied: Conference
On: November 12th, 1982
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 27

From: John Paul Stevens
To: Conference
Copied: None
On: November 12th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 28

From: John Paul Stevens
To: Conference
Copied: None
On: November 15th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 29

From: William J. Brennan, Jr.
To: Thurgood Marshall, John Paul Stevens
Copied: None
On: March 7th, 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 30

From: William H. Rehnquist
To: Conference
Copied: None
On: April 11th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 31

From: Sanda Day O'Connor
To: William H. Rehnquist
Copied: Conference
On: April 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 32

From: John Paul Stevens
To: Conference
Copied: None
On: April 20th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 33

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: April 21st, 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 34

From: William J. Brennan, Jr.
To: William H. Rehnquist
Copied: Conference
On: April 21st, 1983
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 35

From: William H. Rehnquist
To: Conference
Copied: None
On: April 22nd, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 36

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: April 25th, 1983
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 37

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: April 28th, 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 38

From: John Paul Stevens
To: Conference
Copied: None
On: April 29th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 39

From: Byron R. White
To: Conference
Copied: None
On: May 5th, 1983
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 40

From: John Paul Stevens
To: Conference
Copied: None
On: May 6th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 41

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: May 11th, 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 42

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 11th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 43

From: William H. Rehnquist
To: Conference
Copied: None
On: May 17th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 44

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: May 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 45

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: May 31st, 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 46

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: None
On: May 31st, 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 47

From: William H. Rehnquist
To: Conference
Copied: None
On: June 1st, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 48

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: June 2nd, 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 49

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 2nd, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 50

From: Byron R. White
To: Conference
Copied: None
On: June 3rd, 1983
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 51

From: John Paul Stevens
To: Conference
Copied: None
On: June 6th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 52

From: William H. Rehnquist
To: Conference
Copied: None
On: June 15th, 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

Document 53

From: William H. Rehnquist
To: Conference
Copied: None
On: June 15th, 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