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Massachusetts Mutual Life Insurance Co. V Russell (1984)

 

Document 1

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Thurgood Marshall
On: April 29th, 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: Byron R. White
To: William J. Brennan, Jr.
Copied: Thurgood Marshall
On: April 29th, 1985
Action: Await Majority Opinion
Justice says they await writing of majority opinion
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 3

From: John Paul Stevens
To: Conference
Copied: None
On: June 3rd, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: Sanda Day O'Connor
To: John Paul Stevens
Copied: Conference
On: June 4th, 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: William H. Rehnquist
To: John Paul Stevens
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.

Document 6

From: John Paul Stevens
To: Conference
Copied: None
On: June 6th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: Byron R. White
To: John Paul Stevens
Copied: Conference
On: June 7th, 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 8

From: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: June 8th, 1985
Action: Join Judgment of Court
Memos where a justice states that they join the judgment or result of the Court or where they join part of the judgment
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 9

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: June 10th, 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 10

From: Byron R. White
To: Conference
Copied: None
On: June 10th, 1985
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 11

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: June 11th, 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 12

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: June 11th, 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.
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 13

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: June 12th, 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 14

From: Byron R. White
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 15

From: Harry A. Blackmun
To: John Paul Stevens
Copied: Conference
On: June 13th, 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 16

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: June 14th, 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
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: Sanda Day O'Connor
To: John Paul Stevens
Copied: Conference
On: June 14th, 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 18

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 14th, 1985
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 19

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 14th, 1985
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 20

From: Lewis F. Powell
To: John Paul Stevens
Copied: None
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

Document 21

From: Lewis F. Powell
To: John Paul Stevens
Copied: None
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

Document 22

From: John Paul Stevens
To: Harry A. Blackmun
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 23

From: John Paul Stevens
To: Lewis F. Powell
Copied: None
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 24

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: June 19th, 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.
Action: Withdraw Concurring Opinion
This includes withdrawn concurrences in part, concurrence in judgment, and concurrence at foot

Document 25

From: John Paul Stevens
To: Harry A. Blackmun
Copied: Conference
On: June 19th, 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: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: June 19th, 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 27

From: Sanda Day O'Connor
To: John Paul Stevens
Copied: Conference
On: June 19th, 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 28

From: Harry A. Blackmun
To: John Paul Stevens
Copied: Conference
On: June 19th, 1985
Action: Thank You Notes
Justices circulate memos thanking another justice for making a change to an opinion or thanking an author for considering a justice's suggestions
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: Will Concur If...
Justice states conditions for a concurrence, including a concurrence in part or concurrence in judgment; memo may also state conditions for withdrawing a concurring opinion

Document 29

From: John Paul Stevens
To: Conference
Copied: None
On: June 19th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 30

From: William J. Brennan, Jr.
To: Byron R. White
Copied: None
On: June 20th, 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 31

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Byron R. White, Thurgood Marshall
On: June 20th, 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 32

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Harry A. Blackmun
On: June 20th, 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 33

From: Harry A. Blackmun
To: John Paul Stevens
Copied: Conference
On: June 20th, 1985
Action: Thank You Notes
Justices circulate memos thanking another justice for making a change to an opinion or thanking an author for considering a justice's suggestions
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 34

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: June 20th, 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 35

From: William J. Brennan, Jr.
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 36

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: June 21st, 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 37

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: June 21st, 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 38

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 26th, 1985
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result