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Arizona Governing Committee For Tax Deferred Annuity And Deferred Compensation Plans V. Norris (1982)

 

Document 1

From: Thurgood Marshall
To: Conference
Copied: None
On: None provided.
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 2

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: March 31st, 1983
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

Document 3

From: Warren E. Burger
To: Lewis F. Powell
Copied: William H. Rehnquist
On: April 2nd, 1983
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)
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 4

From: Warren E. Burger
To: Lewis F. Powell
Copied: William H. Rehnquist
On: April 4th, 1983
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 5

From: Lewis F. Powell
To: Warren E. Burger
Copied: William H. Rehnquist
On: April 4th, 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 6

From: Thurgood Marshall
To: Conference
Copied: None
On: June 2nd, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: June 3rd, 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 8

From: John Paul Stevens
To: Thurgood Marshall
Copied: Conference
On: June 3rd, 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: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: June 6th, 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 10

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: June 9th, 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 11

From: Lewis F. Powell
To: Conference
Copied: None
On: June 21st, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: Thurgood Marshall
To: Conference
Copied: None
On: June 25th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: Thurgood Marshall
To: Conference
Copied: None
On: June 27th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: Lewis F. Powell
To: Conference
Copied: None
On: June 27th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 15

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: June 27th, 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 16

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: June 27th, 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 17

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: June 27th, 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 18

From: Lewis F. Powell
To: Conference
Copied: None
On: June 27th, 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

Document 19

From: Lewis F. Powell
To: Conference
Copied: None
On: June 28th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 20

From: Thurgood Marshall
To: Conference
Copied: None
On: June 28th, 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 21

From: Lewis F. Powell
To: Conference
Copied: None
On: June 28th, 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

Document 22

From: Lewis F. Powell
To: Conference
Copied: None
On: June 28th, 1983
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 23

From: John Paul Stevens
To: Thurgood Marshall
Copied: Conference
On: June 29th, 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 24

From: Sanda Day O'Connor
To: Conference
Copied: None
On: June 29th, 1983
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 25

From: Thurgood Marshall
To: Conference
Copied: None
On: June 29th, 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 26

From: Thurgood Marshall
To: Conference
Copied: None
On: June 29th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 27

From: Thurgood Marshall
To: Conference
Copied: None
On: June 30th, 1983
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 28

From: Thurgood Marshall
To: Conference
Copied: None
On: June 30th, 1983
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 29

From: Warren E. Burger
To: Conference
Copied: None
On: June 30th, 1983
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
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 30

From: Lewis F. Powell
To: Sanda Day O'Connor
Copied: Conference
On: July 1st, 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

Document 31

From: Thurgood Marshall
To: Conference
Copied: None
On: July 1st, 1983
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 32

From: Sanda Day O'Connor
To: Conference
Copied: None
On: July 1st, 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 33

From: Thurgood Marshall
To: Conference
Copied: None
On: July 1st, 1983
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 34

From: Thurgood Marshall
To: Conference
Copied: None
On: July 1st, 1983
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 35

From: Sanda Day O'Connor
To: Conference
Copied: None
On: July 1st, 1983
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 36

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: July 5th, 1983
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 37

From: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: July 5th, 1983
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: July 5th, 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 39

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: July 5th, 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 40

From: Thurgood Marshall
To: Conference
Copied: None
On: July 5th, 1983
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 41

From: Lewis F. Powell
To: Conference
Copied: None
On: July 5th, 1983
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket