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Pembaur V. Cincinnati (1985)

 

Document 1

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: December 6th, 1985
Action: Majority Opinion Assignment
This may be an assignment of either the majority opinion or a memorandum opinion; memo may state that a justice has agreed to undertake the opinion of the Court; memo reassigns the case

Document 2

From: Warren E. Burger
To: Lewis F. Powell
Copied: William H. Rehnquist
On: December 20th, 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 3

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 9th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: January 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 5

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: January 23rd, 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 6

From: Harry A. Blackmun
To: William J. Brennan, Jr.
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: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: January 31st, 1986
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 8

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 19th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 9

From: Byron R. White
To: Conference
Copied: None
On: February 20th, 1986
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: Sanda Day O'Connor
Copied: None
On: February 20th, 1986
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 11

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 21st, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Lewis F. Powell
To: Conference
Copied: None
On: February 22nd, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: Lewis F. Powell
To: Conference
Copied: None
On: February 22nd, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 14

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: February 27th, 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 15

From: Lewis F. Powell
To: Conference
Copied: None
On: February 27th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 16

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: February 28th, 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 17

From: Byron R. White
To: Conference
Copied: None
On: March 3rd, 1986
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 18

From: Lewis F. Powell
To: Sanda Day O'Connor
Copied: None
On: March 4th, 1986
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 19

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: None
On: March 7th, 1986
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
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 20

From: Lewis F. Powell
To: Conference
Copied: None
On: March 7th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 21

From: Sanda Day O'Connor
To: Conference
Copied: None
On: March 7th, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 22

From: Sanda Day O'Connor
To: Conference
Copied: None
On: March 7th, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 23

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 10th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 24

From: Sanda Day O'Connor
To: William J. Brennan, Jr.
Copied: None
On: March 11th, 1986
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 "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 25

From: Sanda Day O'Connor
To: Conference
Copied: None
On: March 11th, 1986
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 26

From: Byron R. White
To: Conference
Copied: None
On: March 11th, 1986
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 27

From: John Paul Stevens
To: Conference
Copied: None
On: March 12th, 1986
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: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 15th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 29

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: March 17th, 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 30

From: John Paul Stevens
To: Conference
Copied: None
On: March 20th, 1986
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: Lewis F. Powell
To: Conference
Copied: None
On: March 21st, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 32

From: Lewis F. Powell
To: Conference
Copied: None
On: March 24th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 33

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 2nd, 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