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Lynch V. Donnelly (1983)

 

Document 1

From: William J. Brennan, Jr.
To: Thurgood Marshall, Harry A. Blackmun, John Paul Stevens
Copied: None
On: October 17th, 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 2

From: Warren E. Burger
To: Conference
Copied: None
On: November 15th, 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 3

From: Warren E. Burger
To: Conference
Copied: None
On: November 15th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: Warren E. Burger
To: Conference
Copied: None
On: November 16th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: November 16th, 1983
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
Action: May Write Dissenting Opinion
A memo where a justice states that he or she may (or will likely) write a dissenting opinion (e.g., considering a dissent, expects to write dissent, will probably write dissent, may write dissent in part, inclined to dissent, shall likely be in dissent, may not write dissent, and hope not to write dissent)

Document 6

From: Lewis F. Powell
To: Warren E. Burger
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 7

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: November 18th, 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: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: November 18th, 1983
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 9

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: November 21st, 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 10

From: Warren E. Burger
To: Conference
Copied: None
On: November 22nd, 1983
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, 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 12

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: November 23rd, 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 13

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

Document 14

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: December 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.
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 15

From: Warren E. Burger
To: Conference
Copied: None
On: December 1st, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: Sanda Day O'Connor
To: Conference
Copied: None
On: December 15th, 1983
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 17

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 21st, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 18

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: January 23rd, 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 19

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: January 23rd, 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 20

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: January 31st, 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.
Action: May Write Dissenting Opinion
A memo where a justice states that he or she may (or will likely) write a dissenting opinion (e.g., considering a dissent, expects to write dissent, will probably write dissent, may write dissent in part, inclined to dissent, shall likely be in dissent, may not write dissent, and hope not to write dissent)

Document 21

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: January 31st, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 22

From: Warren E. Burger
To: Byron R. White, Lewis F. Powell, William H. Rehnquist
Copied: None
On: February 2nd, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 23

From: Warren E. Burger
To: Byron R. White, Lewis F. Powell, William H. Rehnquist
Copied: None
On: February 2nd, 1984
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 24

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 3rd, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 25

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Byron R. White, Lewis F. Powell, William H. Rehnquist
On: February 6th, 1984
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority opinion).

Document 26

From: Warren E. Burger
To: Byron R. White, Lewis F. Powell, William H. Rehnquist
Copied: None
On: February 7th, 1984
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
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 27

From: Lewis F. Powell
To: Warren E. Burger
Copied: Byron R. White, William H. Rehnquist, Sanda Day O'Connor
On: February 8th, 1984
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority opinion).

Document 28

From: Harry A. Blackmun
To: John Paul Stevens
Copied: William J. Brennan, Jr., Thurgood Marshall
On: February 8th, 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 29

From: John Paul Stevens
To: Harry A. Blackmun
Copied: None
On: February 8th, 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 30

From: Sanda Day O'Connor
To: Conference
Copied: None
On: February 8th, 1984
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 31

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 10th, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 32

From: Warren E. Burger
To: Conference
Copied: None
On: February 15th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 33

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Byron R. White, Lewis F. Powell, William H. Rehnquist
On: February 15th, 1984
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority opinion).
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: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 23rd, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 35

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Thurgood Marshall, John Paul Stevens
On: February 24th, 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 36

From: Warren E. Burger
To: Conference
Copied: None
On: February 27th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 37

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Thurgood Marshall, John Paul Stevens
On: February 27th, 1984
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 38

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Thurgood Marshall, John Paul Stevens
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 39

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 28th, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 40

From: Sanda Day O'Connor
To: Conference
Copied: None
On: February 28th, 1984
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 41

From: Warren E. Burger
To: Conference
Copied: None
On: March 1st, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 42

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: March 2nd, 1984
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 43

From: Warren E. Burger
To: Conference
Copied: None
On: March 2nd, 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
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 44

From: Warren E. Burger
To: Conference
Copied: None
On: March 2nd, 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 45

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 2nd, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 46

From: Warren E. Burger
To: Conference
Copied: None
On: March 2nd, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 47

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 2nd, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 48

From: Sanda Day O'Connor
To: Conference
Copied: None
On: March 3rd, 1984
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 49

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: March 5th, 1984
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 50

From: Warren E. Burger
To: Conference
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