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Pillsbury Co. V. Conboy (1982)

 

Document 1

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: November 8th, 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: Lewis F. Powell
To: Conference
Copied: None
On: November 8th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: November 9th, 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 4

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: Conference
On: November 9th, 1982
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 5

From: Harry A. Blackmun
To: Conference
Copied: None
On: November 16th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 6

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Lewis F. Powell
On: November 18th, 1982
Action: Suggestion to Separate Opinion
Memo states includes a justice's suggestion for a separate opinion (e.g., don't agree with reasoning of separate opinion; comment on separate opinion; will join separate opinion if; cannot join separate opinion; will be making suggestion to separate opinion). The identity of the separate opinion author who receives suggestion is located in the JOINED variable.

Document 7

From: Harry A. Blackmun
To: Conference
Copied: None
On: November 18th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 8

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: November 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 9

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: November 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 10

From: Lewis F. Powell
To: Conference
Copied: None
On: November 22nd, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 11

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: November 23rd, 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 12

From: John Paul Stevens
To: Conference
Copied: None
On: November 23rd, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Harry A. Blackmun
On: November 24th, 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 14

From: Sanda Day O'Connor
To: John Paul Stevens
Copied: Conference
On: November 24th, 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 15

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Lewis F. Powell
On: November 24th, 1982
Action: Concurring Opinion Author's Response
May be response to a suggestion, the majority opinion, 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

Document 16

From: Harry A. Blackmun
To: Conference
Copied: None
On: November 26th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 17

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 29th, 1982
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: November 29th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: Lewis F. Powell
To: Conference
Copied: None
On: November 29th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 20

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Lewis F. Powell
On: November 30th, 1982
Action: Suggestion to Separate Opinion
Memo states includes a justice's suggestion for a separate opinion (e.g., don't agree with reasoning of separate opinion; comment on separate opinion; will join separate opinion if; cannot join separate opinion; will be making suggestion to separate opinion). The identity of the separate opinion author who receives suggestion is located in the JOINED variable.

Document 21

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Harry A. Blackmun
On: November 30th, 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
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 22

From: Thurgood Marshall
To: Conference
Copied: None
On: December 1st, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 23

From: John Paul Stevens
To: Conference
Copied: None
On: December 5th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 24

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 7th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 25

From: Lewis F. Powell
To: Byron R. White, William H. Rehnquist
Copied: Thurgood Marshall
On: December 8th, 1982
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 26

From: Lewis F. Powell
To: Byron R. White, William H. Rehnquist
Copied: Thurgood Marshall
On: December 8th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 27

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Byron R. White, Thurgood Marshall
On: December 9th, 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
Action: Undecided
Justice states that he or she is undecided, including phrases like not ready to commit, need more time, not at rest, or to consider further

Document 28

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 9th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 29

From: John Paul Stevens
To: Conference
Copied: None
On: December 10th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 30

From: Lewis F. Powell
To: Conference
Copied: None
On: December 14th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 31

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: December 15th, 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 32

From: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: December 17th, 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 33

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: December 17th, 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 34

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
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 35

From: Thurgood Marshall
To: Conference
Copied: None
On: December 17th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 36

From: John Paul Stevens
To: Conference
Copied: None
On: January 3rd, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 37

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 5th, 1983
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 38

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 5th, 1983
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 39

From: Lewis F. Powell
To: Conference
Copied: None
On: January 5th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 40

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 6th, 1983
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 41

From: John Paul Stevens
To: Conference
Copied: None
On: January 7th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form