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County Of Oneida V. Oneida Indian Nation Of New York (1984)

 

Document 1

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: October 5th, 1984
Action: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 2

From: Sanda Day O'Connor
To: William J. Brennan, Jr.
Copied: Thurgood Marshall, Harry A. Blackmun
On: October 9th, 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 3

From: William J. Brennan, Jr.
To: Sanda Day O'Connor
Copied: Thurgood Marshall, Harry A. Blackmun
On: October 9th, 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: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: October 24th, 1984
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition
Action: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice

Document 5

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: October 24th, 1984
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 6

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: October 25th, 1984
Action: Majority Opinion Assignment
This may be an assignment of either the majority opinion or a memorandum opinion; memo may state that a justice has agreed to undertake the opinion of the Court; memo reassigns the case

Document 7

From: Lewis F. Powell
To: Conference
Copied: None
On: November 20th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: Conference
On: November 21st, 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 9

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: November 26th, 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: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: November 28th, 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: Lewis F. Powell
Copied: Conference
On: November 29th, 1984
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 12

From: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: November 29th, 1984
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 13

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 6th, 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 14

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: December 10th, 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: John Paul Stevens
To: Conference
Copied: None
On: January 10th, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 16

From: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: January 17th, 1985
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: John Paul Stevens
Copied: Conference
On: January 18th, 1985
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: John Paul Stevens
To: Conference
Copied: None
On: January 22nd, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: Lewis F. Powell
To: Conference
Copied: None
On: February 9th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 20

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: February 14th, 1985
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.
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 21

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: February 21st, 1985
Action: Join Concur in Part and Dissent in Part
Memos where justices state that they join an opinion that concurs in part and dissents in part; alternatively, the opinion that is joined might concur in judgment and dissent. The identity of the opinion author who receives the join is located in the JOINED variable.

Document 22

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: February 22nd, 1985
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 23

From: Lewis F. Powell
To: Warren E. Burger
Copied: William H. Rehnquist
On: February 23rd, 1985
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 24

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: February 27th, 1985
Action: Concur in Judgment at Foot
This refers to a letter where a justice asks that a concurrence in judgment or the result be noted at the foot of an opinion, including a concur in judgment or result in part at foot

Document 25

From: John Paul Stevens
To: Conference
Copied: None
On: February 27th, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 26

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: February 28th, 1985
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 27

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 28th, 1985
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 28

From: Lewis F. Powell
To: Conference
Copied: None
On: February 28th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 29

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: March 1st, 1985
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion