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Jefferson Parish Hospital District No. 2 V. Hyde (1983)

 

Document 1

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: None
On: None provided.
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 2

From: Harry A. Blackmun
To: Warren E. Burger
Copied: None
On: November 8th, 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: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: None
On: November 15th, 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 4

From: John Paul Stevens
To: Conference
Copied: None
On: December 23rd, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: December 28th, 1983
Action: May Join Judgment
Memos where a justice states the inclination to join a judgment of the Court
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
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
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 6

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: None
On: December 28th, 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 Not Write Dissent
A memo where a justice states that he or she will not write a dissenting opinion or an opinion that dissents in part

Document 7

From: Sanda Day O'Connor
To: John Paul Stevens
Copied: Conference
On: January 3rd, 1984
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: Will Write Concurring Opinion
A memo where a justice states that he or she will circulate a concurring opinion draft, including that a concurring opinion will be out soon or that a revised draft of the concurring opinion will be circulated; this may also apply to opinions that concur in part or concur in the judgment or result

Document 8

From: John Paul Stevens
To: Conference
Copied: None
On: January 4th, 1984
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 9

From: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: January 4th, 1984
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: Harry A. Blackmun
To: John Paul Stevens
Copied: Conference
On: January 4th, 1984
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 11

From: Sanda Day O'Connor
To: Conference
Copied: None
On: January 6th, 1984
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 12

From: John Paul Stevens
To: Conference
Copied: None
On: January 27th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: None
On: January 31st, 1984
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: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 14

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: None
On: January 31st, 1984
Action: Join Judgment of Court
Memos where a justice states that they join the judgment or result of the Court or where they join part of the judgment
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 15

From: Byron R. White
To: John Paul Stevens
Copied: Conference
On: February 14th, 1984
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 16

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: February 15th, 1984
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 17

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: February 17th, 1984
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.
Action: May Write Concurring Opinion
A memo where a justice states that he or she may (or will likely) write a concurring opinion; this also applies to opinions that concur in part, concurrences in judgment, or concurrences at foot.

Document 18

From: John Paul Stevens
To: Conference
Copied: None
On: February 22nd, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: Sanda Day O'Connor
To: John Paul Stevens
Copied: Conference
On: February 23rd, 1984
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 20

From: Sanda Day O'Connor
To: Conference
Copied: None
On: February 23rd, 1984
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 21

From: Lewis F. Powell
To: Sanda Day O'Connor
Copied: Conference
On: February 24th, 1984
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 22

From: John Paul Stevens
To: Sanda Day O'Connor
Copied: Conference
On: February 27th, 1984
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 23

From: Sanda Day O'Connor
To: John Paul Stevens
Copied: Conference
On: February 27th, 1984
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 24

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 29th, 1984
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 25

From: Warren E. Burger
To: Sanda Day O'Connor
Copied: Conference
On: March 6th, 1984
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 26

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: March 7th, 1984
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 27

From: John Paul Stevens
To: Harry A. Blackmun
Copied: None
On: March 7th, 1984
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 28

From: William H. Rehnquist
To: Sanda Day O'Connor
Copied: Conference
On: March 15th, 1984
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 29

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 20th, 1984
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 30

From: Harry A. Blackmun
To: John Paul Stevens
Copied: Conference
On: March 22nd, 1984
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 31

From: Sanda Day O'Connor
To: Conference
Copied: None
On: March 22nd, 1984
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 32

From: Sanda Day O'Connor
To: Conference
Copied: None
On: March 26th, 1984
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 33

From: John Paul Stevens
To: Conference
Copied: None
On: March 26th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 34

From: John Paul Stevens
To: Conference
Copied: None
On: March 26th, 1984
Action: Majority Opinion
This refers to a majority opinion draft