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Cabana V. Bullock (1985)

 

Document 1

From: William J. Brennan, Jr.
To: Thurgood Marshall, Harry A. Blackmun, John Paul Stevens
Copied: None
On: November 15th, 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: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Thurgood Marshall, John Paul Stevens
On: November 15th, 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 3

From: Byron R. White
To: Conference
Copied: None
On: December 2nd, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: December 2nd, 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 5

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: December 3rd, 1985
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 6

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: December 3rd, 1985
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 7

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: December 3rd, 1985
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 8

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: December 5th, 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 9

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: December 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 10

From: Sanda Day O'Connor
To: Byron R. White
Copied: Conference
On: December 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 11

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

From: Byron R. White
To: Conference
Copied: None
On: December 9th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: Byron R. White
To: Conference
Copied: None
On: December 20th, 1985
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 31st, 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: Harry A. Blackmun
Copied: Conference
On: January 2nd, 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.
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 17

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: January 3rd, 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 18

From: Warren E. Burger
To: Conference
Copied: None
On: January 9th, 1986
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 19

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 9th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 20

From: Byron R. White
To: Conference
Copied: None
On: January 13th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 21

From: Harry A. Blackmun
To: Conference
Copied: None
On: January 14th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 22

From: John Paul Stevens
To: Conference
Copied: None
On: January 15th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 23

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 16th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 24

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: January 16th, 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: John Paul Stevens
To: Conference
Copied: None
On: January 16th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 26

From: Warren E. Burger
To: Conference
Copied: None
On: January 17th, 1986
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 27

From: Byron R. White
To: Conference
Copied: None
On: February 18th, 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