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Connecticut V. Johnson (1982)

 

Document 1

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: October 15th, 1982
Action: Majority Opinion Assignment
This may be an assignment of either the majority opinion or a memorandum opinion; memo may state that a justice has agreed to undertake the opinion of the Court; memo reassigns the case

Document 2

From: Warren E. Burger
To: Lewis F. Powell
Copied: William H. Rehnquist, Sanda Day O'Connor
On: October 16th, 1982
Action: Dissent Opinion Assignment
The memo may ask another justice to write a dissent; a justice may indicate that the dissent will not be assigned right now; memo responding to a dissent assignment (but not accepting assignment, which would be Code 204)

Document 3

From: Harry A. Blackmun
To: Conference
Copied: None
On: November 24th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: Sanda Day O'Connor
To: Harry A. Blackmun
Copied: Conference
On: November 24th, 1982
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 5

From: Byron R. White
To: Harry A. Blackmun
Copied: Conference
On: November 24th, 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 6

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: Conference
On: November 24th, 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 7

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: November 29th, 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: Harry A. Blackmun
To: Conference
Copied: None
On: December 2nd, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 9

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: December 3rd, 1982
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 10

From: John Paul Stevens
To: Conference
Copied: None
On: December 5th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 11

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 7th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: December 9th, 1982
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
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 13

From: Thurgood Marshall
To: Harry A. Blackmun
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 14

From: Lewis F. Powell
To: Conference
Copied: None
On: December 20th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 15

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 21st, 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 16

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: December 22nd, 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 17

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: December 22nd, 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 18

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 23rd, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: Lewis F. Powell
To: John Paul Stevens
Copied: None
On: January 4th, 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
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 20

From: Lewis F. Powell
To: Conference
Copied: None
On: January 4th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 21

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 6th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 22

From: Lewis F. Powell
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

Document 23

From: John Paul Stevens
To: Conference
Copied: None
On: January 10th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 24

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: January 13th, 1983
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: 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

Document 25

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: Conference
On: January 13th, 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 26

From: John Paul Stevens
To: Conference
Copied: None
On: January 13th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 27

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: January 19th, 1983
Action: Cover Memo to Separate Opinion
This indicates a cover memo to any separate opinion, including concurring, dissenting, or any other type of separate opinion
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

Document 28

From: Lewis F. Powell
To: Warren E. Burger, William H. Rehnquist, Sanda Day O'Connor
Copied: None
On: January 19th, 1983
Action: Cover Memo to Separate Opinion
This indicates a cover memo to any separate opinion, including concurring, dissenting, or any other type of separate opinion
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

Document 29

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: Warren E. Burger, William H. Rehnquist
On: January 20th, 1983
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 30

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Warren E. Burger, Sanda Day O'Connor
On: January 20th, 1983
Action: Agree with Opinion Author
Memo expresses justice's agreement with a majority opinion author's proposal, footnote, or proposed change; justice might state that he or she is open to the change

Document 31

From: Lewis F. Powell
To: Conference
Copied: None
On: January 20th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 32

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

Document 33

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 24th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 34

From: Lewis F. Powell
To: Conference
Copied: None
On: January 25th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 35

From: Warren E. Burger
To: Lewis F. Powell
Copied: William H. Rehnquist, Sanda Day O'Connor
On: February 4th, 1983
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 36

From: Lewis F. Powell
To: Conference
Copied: None
On: February 9th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 37

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: February 9th, 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
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

Document 38

From: Warren E. Burger
To: Conference
Copied: None
On: February 17th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 39

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: February 17th, 1983
Action: Cover Memo to Separate Opinion
This indicates a cover memo to any separate opinion, including concurring, dissenting, or any other type of separate opinion

Document 40

From: John Paul Stevens
To: Conference
Copied: None
On: February 18th, 1983
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 41

From: Warren E. Burger
To: Conference
Copied: None
On: February 18th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 42

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 22nd, 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