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Thomas V. Union Carbide Agricultural Products Co. (1984)

 

Document 1

From: Sanda Day O'Connor
To: Conference
Copied: None
On: June 4th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Thurgood Marshall
To: Sanda Day O'Connor
Copied: Conference
On: June 5th, 1985
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 3

From: Byron R. White
To: Sanda Day O'Connor
Copied: Conference
On: June 5th, 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 4

From: William J. Brennan, Jr.
To: Sanda Day O'Connor
Copied: Conference
On: June 5th, 1985
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 5

From: Lewis F. Powell
To: Sanda Day O'Connor
Copied: Conference
On: June 8th, 1985
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 6

From: Sanda Day O'Connor
To: Conference
Copied: None
On: June 17th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: William H. Rehnquist
To: Sanda Day O'Connor
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 8

From: John Paul Stevens
To: Sanda Day O'Connor
Copied: Conference
On: June 21st, 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 9

From: John Paul Stevens
To: Conference
Copied: None
On: June 21st, 1985
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 10

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 24th, 1985
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 11

From: Lewis F. Powell
To: Sanda Day O'Connor
Copied: Conference
On: June 24th, 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 12

From: Thurgood Marshall
To: William J. Brennan, Jr.
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 13

From: John Paul Stevens
To: Conference
Copied: None
On: June 24th, 1985
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 14

From: Sanda Day O'Connor
To: John Paul Stevens
Copied: Conference
On: June 24th, 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 15

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

Document 16

From: Warren E. Burger
To: Sanda Day O'Connor
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 17

From: Harry A. Blackmun
To: William J. Brennan, Jr.
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 18

From: Sanda Day O'Connor
To: Conference
Copied: None
On: June 25th, 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 19

From: Sanda Day O'Connor
To: Conference
Copied: None
On: June 25th, 1985
Action: Majority Opinion
This refers to a majority opinion draft