Show / Hide Files

United States V. Bagley (1984)

 

Document 1

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: None
On: April 1st, 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 2

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 25th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: John Paul Stevens
To: Harry A. Blackmun
Copied: Conference
On: May 28th, 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 4

From: Sanda Day O'Connor
To: Harry A. Blackmun
Copied: Conference
On: May 28th, 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: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: May 28th, 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: Byron R. White
To: Harry A. Blackmun
Copied: Conference
On: June 12th, 1985
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 7

From: Thurgood Marshall
To: Conference
Copied: None
On: June 14th, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 8

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: June 18th, 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 9

From: Sanda Day O'Connor
To: Harry A. Blackmun
Copied: Conference
On: June 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 10

From: Byron R. White
To: Harry A. Blackmun
Copied: Conference
On: June 18th, 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
Action: May Write Concurring Opinion
A memo where a justice states that he or she may (or will likely) write a concurring opinion; this also applies to opinions that concur in part, concurrences in judgment, or concurrences at foot.

Document 11

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: Conference
On: June 18th, 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 12

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: June 18th, 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 13

From: Thurgood Marshall
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 14

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: June 21st, 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 15

From: John Paul Stevens
To: Harry A. Blackmun
Copied: Conference
On: June 24th, 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 16

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: June 24th, 1985
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 17

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 24th, 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

Document 18

From: Byron R. White
To: Harry A. Blackmun
Copied: Conference
On: June 24th, 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 19

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: Conference
On: June 24th, 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 20

From: Byron R. White
To: Harry A. Blackmun
Copied: Conference
On: June 24th, 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 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 21

From: Byron R. White
To: Conference
Copied: None
On: June 24th, 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 22

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 24th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 23

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: June 25th, 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 24

From: Sanda Day O'Connor
To: Harry A. Blackmun
Copied: Conference
On: June 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 25

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: June 25th, 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 26

From: John Paul Stevens
To: Harry A. Blackmun
Copied: Conference
On: June 26th, 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 27

From: Byron R. White
To: Conference
Copied: None
On: June 26th, 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 28

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 26th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 29

From: Thurgood Marshall
To: Conference
Copied: None
On: June 27th, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 30

From: Byron R. White
To: Conference
Copied: None
On: June 27th, 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 31

From: John Paul Stevens
To: Conference
Copied: None
On: June 28th, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 32

From: Harry A. Blackmun
To: John Paul Stevens
Copied: Conference
On: June 28th, 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
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 33

From: John Paul Stevens
To: Conference
Copied: None
On: July 1st, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form