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Akron V. Akron Center For Reproductive Health, Inc. (1982)

 

Document 1

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: December 14th, 1982
Action: Memo Regarding Meeting Time, Place or Agenda
Memo may suggest that the justice talk or discuss an issue at conference; memo may maintain that no further conference discussion is needed; memo may state that a justice will be away

Document 2

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 16th, 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 3

From: Lewis F. Powell
To: Conference
Copied: None
On: December 17th, 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 4

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: December 17th, 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 5

From: Warren E. Burger
To: Conference
Copied: None
On: December 18th, 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: 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 6

From: John Paul Stevens
To: Lewis F. Powell
Copied: None
On: March 2nd, 1983
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 7

From: Lewis F. Powell
To: Conference
Copied: None
On: March 3rd, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: March 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 9

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: March 7th, 1983
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 10

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: Conference
On: March 7th, 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 11

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: March 8th, 1983
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 12

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: None
On: March 8th, 1983
Action: Headnotes
This includes memos about the headnotes for an opinion

Document 13

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: None
On: March 8th, 1983
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 14

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: March 8th, 1983
Action: May Join Majority Opinion
Memos where a justice states the intent to join the majority opinion later (e.g., may join majority; will probably join majority; could join majority; agree tentatively; inclined to join; close to joining; agrees generally; agree with most of opinion; in basic agreement; intend to join; am prepared to join; expect to join; expect to join part of majority opinion; join unless someone else dissents; will join majority opinion if no majority exists; join unless someone else persuades me
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 15

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: Conference
On: March 9th, 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 16

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: March 9th, 1983
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority opinion).
Action: Thank You Notes
Justices circulate memos thanking another justice for making a change to an opinion or thanking an author for considering a justice's suggestions
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 17

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: March 9th, 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 18

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: March 10th, 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: Lewis F. Powell
To: Conference
Copied: None
On: March 10th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 20

From: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: March 14th, 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 21

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: None
On: March 14th, 1983
Action: Headnotes
This includes memos about the headnotes for an opinion

Document 22

From: William H. Rehnquist
To: Sanda Day O'Connor
Copied: Conference
On: May 5th, 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 23

From: Sanda Day O'Connor
To: Conference
Copied: None
On: May 5th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 24

From: Byron R. White
To: Sanda Day O'Connor
Copied: Conference
On: May 6th, 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 25

From: Lewis F. Powell
To: Conference
Copied: None
On: May 9th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 26

From: John Paul Stevens
To: Lewis F. Powell
Copied: None
On: May 9th, 1983
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 27

From: Sanda Day O'Connor
To: Conference
Copied: None
On: May 10th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 28

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: May 13th, 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 29

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: None
On: May 23rd, 1983
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 30

From: Warren E. Burger
To: Conference
Copied: None
On: May 31st, 1983
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 31

From: Warren E. Burger
To: Conference
Copied: None
On: June 3rd, 1983
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 32

From: Lewis F. Powell
To: Conference
Copied: None
On: June 9th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 33

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: June 9th, 1983
Action: Withdraw Concurring Opinion
This includes withdrawn concurrences in part, concurrence in judgment, and concurrence at foot

Document 34

From: Sanda Day O'Connor
To: Conference
Copied: None
On: June 13th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 35

From: Lewis F. Powell
To: Conference
Copied: None
On: June 14th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 36

From: Lewis F. Powell
To: Conference
Copied: None
On: June 14th, 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 37

From: Lewis F. Powell
To: Conference
Copied: None
On: June 14th, 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 38

From: Lewis F. Powell
To: Conference
Copied: None
On: June 14th, 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 39

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: None
On: June 17th, 1983
Action: Dissenting Opinion Author's Response
May be a response to a suggestion, majority opinion, or another separate opinion; it may say the author made changes and see the attached opinion; it may indicate the opinion has been changed although not prompted by someone else