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Copperweld Corp. V. Independence Tube Corp. (1983)

 

Document 1

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: None
On: December 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: 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 2

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: None
On: December 13th, 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 3

From: Warren E. Burger
To: Conference
Copied: None
On: April 13th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

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

Document 5

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: April 19th, 1984
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 6

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: April 19th, 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 7

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: April 25th, 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 8

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

Document 9

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: April 30th, 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 10

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: April 30th, 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 "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 11

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: May 1st, 1984
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 12

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

Document 13

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: June 13th, 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 14

From: Thurgood Marshall
To: John Paul Stevens
Copied: Conference
On: June 14th, 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 15

From: John Paul Stevens
To: Conference
Copied: None
On: June 15th, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 16

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

Document 17

From: Warren E. Burger
To: Conference
Copied: None
On: June 15th, 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 18

From: John Paul Stevens
To: Conference
Copied: None
On: June 18th, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form