Show / Hide Files

Mitchell V. Forsyth (1984)

 

Document 1

From: Byron R. White
To: Conference
Copied: None
On: March 27th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: March 27th, 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: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: March 28th, 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 4

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: March 28th, 1985
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 5

From: Sanda Day O'Connor
To: Conference
Copied: None
On: March 29th, 1985
Action: Concur in Part
This refers to a concurring opinion draft that concurs in part of the majority

Document 6

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: April 5th, 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
Action: Will Write "Separate Opinion"
A memo where a justice states that he or she will circulate a "separate opinion" draft, including that a "separate opinion" will be out soon or that a revised draft of the "separate opinion" will be circulated

Document 7

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: April 8th, 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: Byron R. White
Copied: Conference
On: April 8th, 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 9

From: John Paul Stevens
To: Conference
Copied: None
On: April 25th, 1985
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 10

From: Warren E. Burger
To: Sanda Day O'Connor
Copied: Conference
On: May 7th, 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 11

From: Sanda Day O'Connor
To: Conference
Copied: None
On: May 9th, 1985
Action: Concur in Part
This refers to a concurring opinion draft that concurs in part of the majority

Document 12

From: John Paul Stevens
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 13

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 30th, 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 14

From: Byron R. White
To: Conference
Copied: None
On: June 7th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: June 7th, 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 16

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: June 10th, 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 17

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 11th, 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 18

From: Byron R. White
To: Conference
Copied: None
On: June 11th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: Warren E. Burger
To: Sanda Day O'Connor
Copied: Conference
On: June 12th, 1985
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 20

From: John Paul Stevens
To: Conference
Copied: None
On: June 12th, 1985
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 21

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: June 12th, 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 22

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: June 12th, 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 23

From: Warren E. Burger
To: Conference
Copied: None
On: June 13th, 1985
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 24

From: Byron R. White
To: Conference
Copied: None
On: June 13th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 25

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 17th, 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 26

From: Byron R. White
To: Conference
Copied: None
On: June 20th, 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