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Pennhurst State School And Hospital V. Halderman (1983)

 

Document 1

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: September 29th, 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: 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 2

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

Document 3

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: October 6th, 1983
Action: Will Write Memorandum Opinion
A memo where a justice states that he or she will circulate a memorandum opinion draft, including that a memorandum opinion will be out soon or that a revised draft of the memorandum opinion will be circulated

Document 4

From: Lewis F. Powell
To: Conference
Copied: None
On: October 6th, 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

Document 5

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: October 14th, 1983
Action: Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)
Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)

Document 6

From: John Paul Stevens
To: Conference
Copied: None
On: October 14th, 1983
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 7

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Thurgood Marshall, Harry A. Blackmun
On: October 17th, 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 8

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: October 17th, 1983
Action: Memorandum Opinion Author's Response (not assigned author)
Memorandum Opinion Author's Response (not assigned author)

Document 9

From: Lewis F. Powell
To: William H. Rehnquist
Copied: None
On: October 17th, 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

Document 10

From: Lewis F. Powell
To: Conference
Copied: None
On: October 17th, 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: Will Circulate Majority Opinion
A memo where a justice states that he or she will circulate a majority opinion draft, including that an opinion will be out soon or that the author will revise majority opinion without stating the changes

Document 11

From: William H. Rehnquist
To: Lewis F. Powell
Copied: None
On: October 18th, 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: Lewis F. Powell
To: Conference
Copied: None
On: October 27th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: October 27th, 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 14

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: October 27th, 1983
Action: Will Circulate Majority Opinion
A memo where a justice states that he or she will circulate a majority opinion draft, including that an opinion will be out soon or that the author will revise majority opinion without stating the changes

Document 15

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: October 27th, 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 16

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: October 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 17

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: Conference
On: November 1st, 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 18

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: November 11th, 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: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: November 11th, 1983
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 20

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: November 17th, 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: John Paul Stevens
To: Conference
Copied: None
On: December 7th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 22

From: John Paul Stevens
To: Conference
Copied: None
On: December 8th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 23

From: Thurgood Marshall
To: John Paul Stevens
Copied: Conference
On: December 20th, 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 24

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: December 20th, 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: Harry A. Blackmun
To: John Paul Stevens
Copied: Conference
On: December 22nd, 1983
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 26

From: Lewis F. Powell
To: Conference
Copied: None
On: January 4th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 27

From: Harry A. Blackmun
To: John Paul Stevens
Copied: William J. Brennan, Jr., Thurgood Marshall
On: January 12th, 1984
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 28

From: Harry A. Blackmun
To: John Paul Stevens
Copied: Conference
On: January 12th, 1984
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 29

From: John Paul Stevens
To: Conference
Copied: None
On: January 12th, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 30

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 13th, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 31

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 16th, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 32

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 17th, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 33

From: Lewis F. Powell
To: Conference
Copied: None
On: January 17th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 34

From: John Paul Stevens
To: Conference
Copied: None
On: January 20th, 1984
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: January 20th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 36

From: Lewis F. Powell
To: Conference
Copied: None
On: January 25th, 1984
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