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Kimmelman V. Morrison (1985)

 

Document 1

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

Document 2

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: May 20th, 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 3

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 22nd, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: May 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: William J. Brennan, Jr.
Copied: None
On: May 23rd, 1986
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 6

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: May 26th, 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: William J. Brennan, Jr.
Copied: Conference
On: May 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 8

From: Sanda Day O'Connor
To: William J. Brennan, Jr.
Copied: None
On: May 27th, 1986
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
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: William J. Brennan, Jr.
To: Sanda Day O'Connor
Copied: None
On: May 27th, 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 10

From: Sanda Day O'Connor
To: William J. Brennan, Jr.
Copied: Conference
On: May 28th, 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 11

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 28th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Lewis F. Powell
To: Warren E. Burger, William H. Rehnquist
Copied: None
On: June 13th, 1986
Action: Will Write Concurring Opinion
A memo where a justice states that he or she will circulate a concurring opinion draft, including that a concurring opinion will be out soon or that a revised draft of the concurring opinion will be circulated; this may also apply to opinions that concur in part or concur in the judgment or result

Document 13

From: Lewis F. Powell
To: Conference
Copied: None
On: June 18th, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 14

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: June 20th, 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: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: June 20th, 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 16

From: Lewis F. Powell
To: Conference
Copied: None
On: June 21st, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 17

From: Lewis F. Powell
To: Conference
Copied: None
On: June 24th, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result