Show / Hide Files

Oklahoma City V. Tuttle (1984)

 

Document 1

From: William H. Rehnquist
To: Conference
Copied: None
On: February 15th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: February 18th, 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 3

From: William J. Brennan, Jr.
To: William H. Rehnquist
Copied: Conference
On: February 19th, 1985
Action: Join Majority If...
Justice sends memo to majority opinion author that states that the conditions under which the justice can or will not join the majority opinion; this includes memos with language like will join if..., will join the majority opinion if author makes changes suggested by another justice, or will join part of majority opinion if...; these memos may also state that a justice cannot join majority opinion if..., or could not join an opinion with a particular point, will withdraw join if...
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 4

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: February 20th, 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 5

From: John Paul Stevens
To: William H. Rehnquist
Copied: Conference
On: February 21st, 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 6

From: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: February 22nd, 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 7

From: Sanda Day O'Connor
To: William H. Rehnquist
Copied: Conference
On: February 25th, 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 8

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: March 1st, 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 9

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: March 14th, 1985
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
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: 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.

Document 10

From: William H. Rehnquist
To: Conference
Copied: None
On: March 18th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 11

From: John Paul Stevens
To: Conference
Copied: None
On: March 18th, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: William J. Brennan, Jr.
To: William H. Rehnquist
Copied: Conference
On: March 22nd, 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.

Document 13

From: William H. Rehnquist
To: Conference
Copied: None
On: March 25th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: William H. Rehnquist
To: Conference
Copied: None
On: March 27th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: John Paul Stevens
To: Conference
Copied: None
On: March 29th, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 16

From: John Paul Stevens
To: Conference
Copied: None
On: April 8th, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 17

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: May 21st, 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: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 21st, 1985
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 19

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 22nd, 1985
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 20

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: May 24th, 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 21

From: Harry A. Blackmun
To: William J. Brennan, Jr.
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 22

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: May 28th, 1985
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 23

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: May 28th, 1985
Action: Will Not Modify Majority Opinion
A memo where a justice states that he or she will not change the majority opinion or will not circulate another draft of the majority opinion. This is not in response to a justice’s suggestion, which is coded 806.

Document 24

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 29th, 1985
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 25

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: None
On: May 29th, 1985
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 26

From: William J. Brennan, Jr.
To: William H. Rehnquist
Copied: Conference
On: May 30th, 1985
Action: May Join Majority Opinion
Memos where a justice states the intent to join the majority opinion later (e.g., may join majority; will probably join majority; could join majority; agree tentatively; inclined to join; close to joining; agrees generally; agree with most of opinion; in basic agreement; intend to join; am prepared to join; expect to join; expect to join part of majority opinion; join unless someone else dissents; will join majority opinion if no majority exists; join unless someone else persuades me

Document 27

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 31st, 1985
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 28

From: William H. Rehnquist
To: Conference
Copied: None
On: June 12th, 1985
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