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South Carolina V. Regan (1983)

 

Document 1

From: Lewis F. Powell
To: Conference
Copied: None
On: September 20th, 1983
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
Action: Memo Regarding Meeting Time, Place or Agenda
Memo may suggest that the justice talk or discuss an issue at conference; memo may maintain that no further conference discussion is needed; memo may state that a justice will be away

Document 2

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: December 13th, 1983
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: William J. Brennan, Jr.
Copied: Conference
On: December 13th, 1983
Action: Will Write Concurring Opinion
A memo where a justice states that he or she will circulate a concurring opinion draft, including that a concurring opinion will be out soon or that a revised draft of the concurring opinion will be circulated; this may also apply to opinions that concur in part or concur in the judgment or result

Document 4

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: December 14th, 1983
Action: Await Concurrence
Justice awaits a concurring opinion, including an opinion that concurs in part or that concurs in judgment

Document 5

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: December 14th, 1983
Action: Will Write Concur in Part and Dissent in Part
A memo where a justice states that he or she will write and circulate an opinion that concurs in part and dissents in part; the concurrence could be in the judgment or result

Document 6

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: December 15th, 1983
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 7

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: December 19th, 1983
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 8

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: December 19th, 1983
Action: Await Concurrence
Justice awaits a concurring opinion, including an opinion that concurs in part or that concurs in judgment

Document 9

From: William J. Brennan, Jr.
To: Sanda Day O'Connor
Copied: Conference
On: December 20th, 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 10

From: Sanda Day O'Connor
To: William J. Brennan, Jr.
Copied: Conference
On: January 7th, 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 11

From: Sanda Day O'Connor
To: William J. Brennan, Jr.
Copied: Conference
On: January 7th, 1984
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 12

From: William J. Brennan, Jr.
To: Sanda Day O'Connor
Copied: Conference
On: January 9th, 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 13

From: Sanda Day O'Connor
To: William J. Brennan, Jr.
Copied: Conference
On: January 9th, 1984
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 14

From: William J. Brennan, Jr.
To: Sanda Day O'Connor
Copied: Conference
On: January 10th, 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 15

From: John Paul Stevens
To: Conference
Copied: None
On: January 11th, 1984
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 16

From: Sanda Day O'Connor
To: John Paul Stevens
Copied: Conference
On: January 12th, 1984
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 17

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: January 13th, 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: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 18

From: William H. Rehnquist
To: Sanda Day O'Connor
Copied: Conference
On: January 16th, 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 19

From: John Paul Stevens
To: Conference
Copied: None
On: January 17th, 1984
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 20

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: January 24th, 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: Lewis F. Powell
To: Sanda Day O'Connor
Copied: Conference
On: January 31st, 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 22

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 31st, 1984
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 23

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: None
On: February 1st, 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: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: February 1st, 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 25

From: Sanda Day O'Connor
To: Conference
Copied: None
On: February 6th, 1984
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 26

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 13th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 27

From: Warren E. Burger
To: Conference
Copied: None
On: February 15th, 1984
Action: Appointing Lawyers or Special Masters
Appointing Lawyers or Special Masters

Document 28

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 17th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 29

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 20th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 30

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: February 21st, 1984
Action: Appointing Lawyers or Special Masters
Appointing Lawyers or Special Masters