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Hishon V. King & Spalding (1983)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: December 28th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: December 28th, 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
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 3

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: December 29th, 1983
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 4

From: Warren E. Burger
To: Conference
Copied: None
On: December 30th, 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 5

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 30th, 1983
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 6

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: December 30th, 1983
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 7

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: January 2nd, 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 8

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: January 3rd, 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: William J. Brennan, Jr.
Copied: Conference
On: January 3rd, 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 10

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: January 4th, 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 11

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 5th, 1984
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 12

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

Document 13

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: May 2nd, 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 14

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: May 2nd, 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 15

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: May 2nd, 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: Byron R. White
To: Warren E. Burger
Copied: Conference
On: May 4th, 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 17

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: May 4th, 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: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: May 5th, 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 19

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: May 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 20

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: May 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 21

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: May 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 22

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: May 9th, 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 23

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: May 10th, 1984
Action: Withdraw Other "Separate Opinion"
Withdraw Other "Separate Opinion"

Document 24

From: Lewis F. Powell
To: Conference
Copied: None
On: May 16th, 1984
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 25

From: Warren E. Burger
To: Conference
Copied: None
On: May 17th, 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: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: May 17th, 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
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 27

From: Lewis F. Powell
To: Conference
Copied: None
On: May 18th, 1984
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 28

From: Warren E. Burger
To: Conference
Copied: None
On: June 11th, 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