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Cornelius V. Naacp Legal Defense & Education Fund, Inc. (1984)

 

Document 1

From: Sanda Day O'Connor
To: Conference
Copied: None
On: April 9th, 1985
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 2

From: Sanda Day O'Connor
To: Conference
Copied: None
On: April 9th, 1985
Action: Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)
Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)

Document 3

From: William H. Rehnquist
To: Sanda Day O'Connor
Copied: Conference
On: April 11th, 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 4

From: John Paul Stevens
To: Sanda Day O'Connor
Copied: Conference
On: April 11th, 1985
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 5

From: Byron R. White
To: Sanda Day O'Connor
Copied: Conference
On: April 12th, 1985
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 6

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: None
On: April 15th, 1985
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 7

From: Harry A. Blackmun
To: Sanda Day O'Connor
Copied: Conference
On: April 15th, 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 8

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: None
On: April 15th, 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 9

From: William J. Brennan, Jr.
To: Sanda Day O'Connor
Copied: Conference
On: April 15th, 1985
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 10

From: Warren E. Burger
To: Sanda Day O'Connor
Copied: Conference
On: April 22nd, 1985
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 11

From: Warren E. Burger
To: Sanda Day O'Connor
Copied: Conference
On: April 22nd, 1985
Action: May Join Memorandum Opinion (Author is Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion drafted by the assigned opinion author (e.g., could go along with memorandum opinion; agrees generally with memorandum opinion; agree tentatively with memorandum opinion; will join memorandum opinion if it becomes majority opinion)

Document 12

From: Sanda Day O'Connor
To: Conference
Copied: None
On: April 29th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: Lewis F. Powell
To: Sanda Day O'Connor
Copied: Conference
On: April 29th, 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 14

From: William H. Rehnquist
To: Sanda Day O'Connor
Copied: Conference
On: April 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 15

From: Sanda Day O'Connor
To: Conference
Copied: None
On: May 6th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: Harry A. Blackmun
To: Sanda Day O'Connor
Copied: None
On: June 18th, 1985
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 17

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: June 19th, 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: Harry A. Blackmun
To: Conference
Copied: None
On: June 19th, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: Warren E. Burger
To: Sanda Day O'Connor
Copied: Conference
On: June 21st, 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 20

From: Sanda Day O'Connor
To: Conference
Copied: None
On: June 22nd, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 21

From: Harry A. Blackmun
To: Sanda Day O'Connor
Copied: Conference
On: June 24th, 1985
Action: Dissenting Opinion Author's Response
May be a response to a suggestion, majority opinion, or 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 22

From: John Paul Stevens
To: Conference
Copied: None
On: June 24th, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 23

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 25th, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form