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Heckler V. Day (1983)

 

Document 1

From: William J. Brennan, Jr.
To: Thurgood Marshall, Harry A. Blackmun, John Paul Stevens
Copied: None
On: December 13th, 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 2

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Harry A. Blackmun, John Paul Stevens
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: Lewis F. Powell
To: Conference
Copied: None
On: February 2nd, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: February 2nd, 1984
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 5

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Warren E. Burger, Byron R. White, Sanda Day O'Connor
On: February 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

Document 6

From: Lewis F. Powell
To: Conference
Copied: None
On: February 7th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: February 7th, 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: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: February 8th, 1984
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 9

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: Conference
On: February 13th, 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: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: February 14th, 1984
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 11

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: February 15th, 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 12

From: Thurgood Marshall
To: Conference
Copied: None
On: May 5th, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: John Paul Stevens
To: Thurgood Marshall
Copied: Conference
On: May 7th, 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: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: May 7th, 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: Lewis F. Powell
To: Conference
Copied: None
On: May 9th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: May 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 17

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: May 15th, 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 18

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