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Icc V. American Trucking Associations, Inc. (1983)

 

Document 1

From: Harry A. Blackmun
To: Sanda Day O'Connor
Copied: Lewis F. Powell, John Paul Stevens
On: January 16th, 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)

Document 2

From: Harry A. Blackmun
To: Sanda Day O'Connor
Copied: None
On: January 19th, 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)

Document 3

From: Sanda Day O'Connor
To: Harry A. Blackmun
Copied: Lewis F. Powell, John Paul Stevens
On: January 19th, 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)

Document 4

From: Sanda Day O'Connor
To: Harry A. Blackmun
Copied: Lewis F. Powell, John Paul Stevens
On: January 23rd, 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: Harry A. Blackmun
To: Lewis F. Powell, John Paul Stevens
Copied: Sanda Day O'Connor
On: January 27th, 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)

Document 6

From: William H. Rehnquist
To: Thurgood Marshall
Copied: Conference
On: March 12th, 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: Thurgood Marshall
To: Conference
Copied: None
On: March 12th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: March 13th, 1984
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 9

From: John Paul Stevens
To: Thurgood Marshall
Copied: Conference
On: March 13th, 1984
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 10

From: Sanda Day O'Connor
To: Thurgood Marshall
Copied: Conference
On: March 13th, 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 11

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: March 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 12

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: March 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 13

From: Sanda Day O'Connor
To: Harry A. Blackmun
Copied: None
On: March 27th, 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 14

From: Harry A. Blackmun
To: Sanda Day O'Connor
Copied: None
On: March 29th, 1984
Action: May Join Dissent
Memos where a justice expresses the inclination to join a dissenting opinion, including joining the dissent in part; memos may also state a justice’s intention to join a dissent if another justice writes or circulates one; memos may also state that a justice expects to join or tentatively joins a dissent

Document 15

From: Harry A. Blackmun
To: Sanda Day O'Connor
Copied: Conference
On: March 30th, 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 16

From: John Paul Stevens
To: Sanda Day O'Connor
Copied: Conference
On: March 30th, 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: Lewis F. Powell
To: Sanda Day O'Connor
Copied: Conference
On: March 30th, 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 18

From: Sanda Day O'Connor
To: Conference
Copied: None
On: March 30th, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: Sanda Day O'Connor
To: Conference
Copied: None
On: April 2nd, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 20

From: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: April 3rd, 1984
Action: Join Majority If...
Justice sends memo to majority opinion author that states that the conditions under which the justice can or will not join the majority opinion; this includes memos with language like will join if..., will join the majority opinion if author makes changes suggested by another justice, or will join part of majority opinion if...; these memos may also state that a justice cannot join majority opinion if..., or could not join an opinion with a particular point, will withdraw join if...
Action: Will Dissent If...
Justice states conditions for a dissent, including a dissent in part; memo may also state conditions for withdrawing a dissenting opinion

Document 21

From: Thurgood Marshall
To: Conference
Copied: None
On: April 7th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 22

From: Sanda Day O'Connor
To: Conference
Copied: None
On: April 9th, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 23

From: Warren E. Burger
To: Thurgood Marshall
Copied: None
On: May 22nd, 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 24

From: Byron R. White
To: Thurgood Marshall
Copied: William J. Brennan, Jr., William H. Rehnquist
On: May 23rd, 1984
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.
Action: Disagree with Another Justice's Suggestion
Memo states that the justice disagrees with another justice's suggestion to the majority opinion author. The identity of the justice whose suggestion is countered is located in the JOINED variable.

Document 25

From: Thurgood Marshall
To: William J. Brennan, Jr., Byron R. White, William H. Rehnquist
Copied: None
On: May 23rd, 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 26

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Byron R. White, William H. Rehnquist
On: May 23rd, 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 27

From: William H. Rehnquist
To: Thurgood Marshall
Copied: William J. Brennan, Jr., Byron R. White
On: May 24th, 1984
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.

Document 28

From: Thurgood Marshall
To: Conference
Copied: None
On: May 29th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 29

From: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: May 30th, 1984
Action: Thank You Notes
Justices circulate memos thanking another justice for making a change to an opinion or thanking an author for considering a justice's suggestions
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 30

From: Sanda Day O'Connor
To: Conference
Copied: None
On: May 30th, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 31

From: Harry A. Blackmun
To: Thurgood Marshall, Sanda Day O'Connor
Copied: Conference
On: May 30th, 1984
Action: Headnotes
This includes memos about the headnotes for an opinion

Document 32

From: Thurgood Marshall
To: Conference
Copied: None
On: May 31st, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 33

From: Thurgood Marshall
To: Conference
Copied: None
On: June 6th, 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