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Matsushita Electric Industrial Co. V. Zenith Radio Corp. (1985)

 

Document 1

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: November 15th, 1985
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 2

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: November 18th, 1985
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 3

From: Lewis F. Powell
To: Conference
Copied: None
On: January 21st, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: January 22nd, 1986
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: Sanda Day O'Connor
To: Lewis F. Powell
Copied: None
On: January 23rd, 1986
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 6

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: Conference
On: January 23rd, 1986
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 7

From: Lewis F. Powell
To: Sanda Day O'Connor
Copied: None
On: January 25th, 1986
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 8

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: January 27th, 1986
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 9

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: None
On: January 27th, 1986
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

Document 10

From: Lewis F. Powell
To: Conference
Copied: None
On: January 28th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 11

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: January 29th, 1986
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 12

From: William H. Rehnquist
To: Lewis F. Powell
Copied: None
On: January 31st, 1986
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 13

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: February 8th, 1986
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 14

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: February 10th, 1986
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 15

From: Lewis F. Powell
To: William H. Rehnquist
Copied: None
On: February 10th, 1986
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 16

From: William H. Rehnquist
To: Lewis F. Powell
Copied: None
On: February 11th, 1986
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority opinion).
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...

Document 17

From: Lewis F. Powell
To: Warren E. Burger, Thurgood Marshall, Sanda Day O'Connor
Copied: None
On: February 12th, 1986
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 18

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: None
On: February 15th, 1986
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority opinion).

Document 19

From: Lewis F. Powell
To: Conference
Copied: None
On: February 17th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 20

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: February 18th, 1986
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 21

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: February 18th, 1986
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 22

From: Byron R. White
To: Conference
Copied: None
On: March 3rd, 1986
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: Byron R. White
Copied: Conference
On: March 4th, 1986
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: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: March 4th, 1986
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: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: March 4th, 1986
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: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: March 6th, 1986
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: Lewis F. Powell
To: Conference
Copied: None
On: March 6th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 28

From: Byron R. White
To: Conference
Copied: None
On: March 12th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 29

From: Lewis F. Powell
To: Conference
Copied: None
On: March 20th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 30

From: Lewis F. Powell
To: Byron R. White
Copied: None
On: March 20th, 1986
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 31

From: Lewis F. Powell
To: Conference
Copied: None
On: April 1st, 1986
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 32

From: Lewis F. Powell
To: Conference
Copied: None
On: April 1st, 1986
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 33

From: Lewis F. Powell
To: Conference
Copied: None
On: April 1st, 1986
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