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Brockett V. Spokane Arcades, Inc. (1984)

 

Document 1

From: Byron R. White
To: Conference
Copied: None
On: May 14th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: May 15th, 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: Byron R. White
Copied: Conference
On: May 16th, 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
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: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: May 16th, 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 5

From: Byron R. White
To: Conference
Copied: None
On: May 17th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: Sanda Day O'Connor
To: Conference
Copied: None
On: May 28th, 1985
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 7

From: William H. Rehnquist
To: Sanda Day O'Connor
Copied: Conference
On: June 3rd, 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 8

From: Sanda Day O'Connor
To: Conference
Copied: None
On: June 3rd, 1985
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 9

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: June 3rd, 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 10

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: June 4th, 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 11

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: June 4th, 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 12

From: Byron R. White
To: Conference
Copied: None
On: June 5th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 6th, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 14

From: Warren E. Burger
To: Sanda Day O'Connor
Copied: Conference
On: June 6th, 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: Sanda Day O'Connor
To: Conference
Copied: None
On: June 6th, 1985
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 16

From: Sanda Day O'Connor
To: Conference
Copied: None
On: June 7th, 1985
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 17

From: Warren E. Burger
To: Conference
Copied: None
On: June 7th, 1985
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