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Lowe V. Sec (1984)

 

Document 1

From: John Paul Stevens
To: Conference
Copied: None
On: April 3rd, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: April 3rd, 1985
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 3

From: Sanda Day O'Connor
To: John Paul Stevens
Copied: Conference
On: April 3rd, 1985
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: Byron R. White
To: John Paul Stevens
Copied: Conference
On: April 4th, 1985
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: John Paul Stevens
To: Byron R. White
Copied: Conference
On: April 5th, 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 6

From: John Paul Stevens
To: Conference
Copied: None
On: April 9th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: April 9th, 1985
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 8

From: Harry A. Blackmun
To: John Paul Stevens
Copied: Conference
On: April 9th, 1985
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 9

From: Byron R. White
To: Conference
Copied: None
On: May 1st, 1985
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 10

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: May 2nd, 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 11

From: John Paul Stevens
To: Conference
Copied: None
On: May 7th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: May 10th, 1985
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: Byron R. White
To: Conference
Copied: None
On: May 10th, 1985
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 14

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: May 13th, 1985
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 15

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: May 20th, 1985
Action: May Join Concurrence
Memos where a justice expresses the inclination to join a concurring opinion, including a concurrence in the judgment or result.
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 16

From: Thurgood Marshall
To: John Paul Stevens
Copied: Conference
On: May 22nd, 1985
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: Warren E. Burger
To: Byron R. White
Copied: Conference
On: May 28th, 1985
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 18

From: Harry A. Blackmun
To: John Paul Stevens
Copied: Conference
On: May 30th, 1985
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 19

From: John Paul Stevens
To: Conference
Copied: None
On: June 6th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 20

From: Byron R. White
To: Conference
Copied: None
On: June 7th, 1985
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result