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Pacific Gas & Electric Co. V. Public Utilities Commission Of California (1985)

 

Document 1

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: November 14th, 1985
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 2

From: Lewis F. Powell
To: Conference
Copied: None
On: November 14th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: None
On: November 15th, 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 4

From: Lewis F. Powell
To: Sanda Day O'Connor
Copied: None
On: November 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 5

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: None
On: November 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 6

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: November 19th, 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: Lewis F. Powell
To: Sanda Day O'Connor
Copied: None
On: November 21st, 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 8

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: None
On: November 22nd, 1985
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: 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 9

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: Conference
On: November 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 10

From: Lewis F. Powell
To: Conference
Copied: None
On: November 23rd, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 11

From: William H. Rehnquist
To: Conference
Copied: None
On: December 6th, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: December 9th, 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 13

From: John Paul Stevens
To: William H. Rehnquist
Copied: Conference
On: December 10th, 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: Lewis F. Powell
To: Conference
Copied: None
On: December 10th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: William H. Rehnquist
To: Conference
Copied: None
On: December 12th, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 16

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: None
On: December 17th, 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: 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 17

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: December 18th, 1985
Action: Undecided
Justice states that he or she is undecided, including phrases like not ready to commit, need more time, not at rest, or to consider further

Document 18

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: December 20th, 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.
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 19

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: None
On: December 20th, 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 20

From: Lewis F. Powell
To: Conference
Copied: None
On: December 23rd, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 21

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: None
On: December 23rd, 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

Document 22

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: December 26th, 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 23

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: None
On: December 26th, 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: 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 24

From: Lewis F. Powell
To: Sanda Day O'Connor
Copied: None
On: December 30th, 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 25

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: December 30th, 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: Sanda Day O'Connor
To: Lewis F. Powell
Copied: None
On: December 30th, 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 27

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: None
On: January 2nd, 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
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 28

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: January 6th, 1986
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 29

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: January 9th, 1986
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 30

From: Warren E. Burger
To: Conference
Copied: None
On: January 10th, 1986
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 31

From: John Paul Stevens
To: Conference
Copied: None
On: January 13th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 32

From: Thurgood Marshall
To: Conference
Copied: None
On: January 15th, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 33

From: Thurgood Marshall
To: Conference
Copied: None
On: January 21st, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 34

From: Lewis F. Powell
To: Thurgood Marshall
Copied: None
On: January 21st, 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 35

From: Thurgood Marshall
To: Lewis F. Powell
Copied: None
On: January 22nd, 1986
Action: Concurring Opinion Author's Response
May be response to a suggestion, the majority opinion, 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 36

From: Lewis F. Powell
To: Conference
Copied: None
On: January 24th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 37

From: John Paul Stevens
To: Conference
Copied: None
On: January 28th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 38

From: William H. Rehnquist
To: Conference
Copied: None
On: January 28th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 39

From: William H. Rehnquist
To: Conference
Copied: None
On: January 31st, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 40

From: Thurgood Marshall
To: Conference
Copied: None
On: January 31st, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 41

From: Thurgood Marshall
To: Conference
Copied: None
On: February 7th, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 42

From: William H. Rehnquist
To: Conference
Copied: None
On: February 19th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 43

From: Lewis F. Powell
To: Conference
Copied: None
On: February 22nd, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 44

From: Lewis F. Powell
To: Conference
Copied: None
On: March 19th, 1986
Action: Post-Announcement Opinion Changes
This refers to memos about changing an opinion that has been announced; it may be from the opinion author or another justice