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Nix V. Whiteside (1985)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: January 7th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: January 9th, 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.
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 3

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: January 17th, 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 4

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: January 18th, 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 5

From: Warren E. Burger
To: Conference
Copied: None
On: January 24th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: January 27th, 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: Harry A. Blackmun
To: Conference
Copied: None
On: January 29th, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 8

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: January 29th, 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 9

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: January 31st, 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 10

From: John Paul Stevens
To: Harry A. Blackmun
Copied: Conference
On: January 31st, 1986
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 11

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 4th, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 12

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: February 4th, 1986
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 13

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 5th, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 14

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: February 5th, 1986
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 15

From: John Paul Stevens
To: Conference
Copied: None
On: February 12th, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 16

From: Warren E. Burger
To: Conference
Copied: None
On: February 21st, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: Warren E. Burger
To: Conference
Copied: None
On: February 27th, 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