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Bethel School District No. 403 V. Fraser (1985)

 

Document 1

From: William J. Brennan, Jr.
To: Thurgood Marshall, John Paul Stevens
Copied: None
On: March 11th, 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 2

From: Warren E. Burger
To: Conference
Copied: None
On: May 13th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: May 19th, 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 4

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: May 19th, 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: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: May 20th, 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 6

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: May 20th, 1986
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 7

From: Warren E. Burger
To: Conference
Copied: None
On: May 23rd, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: May 27th, 1986
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 9

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: May 28th, 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 10

From: William H. Rehnquist
To: Warren E. Burger
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: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: June 12th, 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 12

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: June 12th, 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 13

From: Warren E. Burger
To: Conference
Copied: None
On: June 12th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: Warren E. Burger
To: Conference
Copied: None
On: June 12th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: Warren E. Burger
To: Conference
Copied: None
On: June 26th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: John Paul Stevens
To: Conference
Copied: None
On: July 1st, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 17

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: July 1st, 1986
Action: Concur in Judgment at Foot
This refers to a letter where a justice asks that a concurrence in judgment or the result be noted at the foot of an opinion, including a concur in judgment or result in part at foot

Document 18

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: July 1st, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 19

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: July 2nd, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 20

From: John Paul Stevens
To: Conference
Copied: None
On: July 2nd, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 21

From: Thurgood Marshall
To: Conference
Copied: None
On: July 2nd, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 22

From: Warren E. Burger
To: Conference
Copied: None
On: July 2nd, 1986
Action: Majority Opinion
This refers to a majority opinion draft