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Selective Service System V. Minnesota Public Interest Research Group (1983)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: May 22nd, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: May 22nd, 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 3

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: May 22nd, 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 4

From: Warren E. Burger
To: Conference
Copied: None
On: May 23rd, 1984
Action: Will Circulate Majority Opinion
A memo where a justice states that he or she will circulate a majority opinion draft, including that an opinion will be out soon or that the author will revise majority opinion without stating the changes

Document 5

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: May 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 6

From: Warren E. Burger
To: Conference
Copied: None
On: May 26th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: May 26th, 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: 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 8

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: May 29th, 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 9

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: May 29th, 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: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: May 29th, 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 11

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: May 30th, 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 12

From: Lewis F. Powell
To: Conference
Copied: None
On: June 1st, 1984
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 13

From: Lewis F. Powell
To: Conference
Copied: None
On: June 4th, 1984
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 14

From: Lewis F. Powell
To: Conference
Copied: None
On: June 6th, 1984
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 15

From: Harry A. Blackmun
To: Warren E. Burger
Copied: None
On: June 8th, 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 16

From: Warren E. Burger
To: Conference
Copied: None
On: June 8th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: Lewis F. Powell
To: Conference
Copied: None
On: June 14th, 1984
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 18

From: Thurgood Marshall
To: Conference
Copied: None
On: June 26th, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: June 26th, 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
Action: Undecided
Justice states that he or she is undecided, including phrases like not ready to commit, need more time, not at rest, or to consider further
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 20

From: Warren E. Burger
To: Conference
Copied: None
On: June 29th, 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 21

From: Warren E. Burger
To: Conference
Copied: None
On: June 29th, 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

Document 22

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 29th, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 23

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 29th, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 24

From: Lewis F. Powell
To: Conference
Copied: None
On: June 30th, 1984
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 25

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

Document 26

From: Thurgood Marshall
To: Conference
Copied: None
On: July 2nd, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form