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Atascadero State Hospital V. Scanlon (1984)

 

Document 1

From: William J. Brennan, Jr.
To: Thurgood Marshall, Harry A. Blackmun, John Paul Stevens
Copied: None
On: April 1st, 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 2

From: Lewis F. Powell
To: Conference
Copied: None
On: April 29th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: April 29th, 1985
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 4

From: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: April 30th, 1985
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 5

From: Sanda Day O'Connor
To: Lewis F. Powell
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 6

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: April 30th, 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 7

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: May 1st, 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: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: May 2nd, 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.
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 9

From: Lewis F. Powell
To: Byron R. White
Copied: None
On: May 3rd, 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 10

From: Warren E. Burger
To: Lewis F. Powell
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 11

From: Lewis F. Powell
To: Conference
Copied: None
On: May 24th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 21st, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: June 24th, 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 14

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

Document 15

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

Document 16

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: June 25th, 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.
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 25th, 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: Sanda Day O'Connor
To: Lewis F. Powell
Copied: None
On: June 25th, 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 19

From: John Paul Stevens
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

Document 20

From: Lewis F. Powell
To: Conference
Copied: None
On: June 25th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 21

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 26th, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 22

From: John Paul Stevens
To: Conference
Copied: None
On: June 26th, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 23

From: John Paul Stevens
To: Harry A. Blackmun
Copied: Conference
On: June 26th, 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 24

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: June 26th, 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 25

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: June 26th, 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 26

From: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: June 26th, 1985
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion
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

Document 27

From: Lewis F. Powell
To: Conference
Copied: None
On: June 28th, 1985
Action: Majority Opinion
This refers to a majority opinion draft