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Bowen V. Roy (1985)

 

Document 1

From: Sanda Day O'Connor
To: William J. Brennan, Jr.
Copied: Conference
On: January 27th, 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: William J. Brennan, Jr.
To: Byron R. White, Thurgood Marshall, Sanda Day O'Connor
Copied: None
On: January 27th, 1986
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: Warren E. Burger
To: Conference
Copied: None
On: March 10th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: Warren E. Burger
To: Conference
Copied: None
On: March 11th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: March 12th, 1986
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 6

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: March 14th, 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 7

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: March 14th, 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: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: March 14th, 1986
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 9

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: March 17th, 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 10

From: Sanda Day O'Connor
To: Conference
Copied: None
On: March 25th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 11

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: March 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 12

From: William J. Brennan, Jr.
To: Sanda Day O'Connor
Copied: Conference
On: March 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 13

From: Warren E. Burger
To: Conference
Copied: None
On: March 29th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: Thurgood Marshall
To: Sanda Day O'Connor
Copied: Conference
On: March 31st, 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: Sanda Day O'Connor
To: Conference
Copied: None
On: April 1st, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 16

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: April 3rd, 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 17

From: Byron R. White
To: Conference
Copied: None
On: April 8th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 18

From: Warren E. Burger
To: Conference
Copied: None
On: April 10th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 11th, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 20

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 11th, 1986
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 21

From: John Paul Stevens
To: Conference
Copied: None
On: April 11th, 1986
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 22

From: Byron R. White
To: Warren E. Burger
Copied: None
On: April 15th, 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 23

From: John Paul Stevens
To: Conference
Copied: None
On: April 22nd, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 24

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 23rd, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 25

From: John Paul Stevens
To: Conference
Copied: None
On: April 25th, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 26

From: Sanda Day O'Connor
To: William J. Brennan, Jr., Thurgood Marshall
Copied: None
On: April 29th, 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 27

From: Sanda Day O'Connor
To: William J. Brennan, Jr., Thurgood Marshall
Copied: None
On: April 29th, 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 28

From: Sanda Day O'Connor
To: Conference
Copied: None
On: April 30th, 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 29

From: William J. Brennan, Jr.
To: Sanda Day O'Connor
Copied: Thurgood Marshall
On: April 30th, 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 30

From: Thurgood Marshall
To: Sanda Day O'Connor
Copied: Conference
On: May 1st, 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 31

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 2nd, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 32

From: Warren E. Burger
To: Conference
Copied: None
On: May 8th, 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 33

From: Warren E. Burger
To: Conference
Copied: None
On: May 9th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 34

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: May 9th, 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 35

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: May 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 36

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: May 13th, 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 37

From: John Paul Stevens
To: Conference
Copied: None
On: May 13th, 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 38

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: May 14th, 1986
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion

Document 39

From: Sanda Day O'Connor
To: Conference
Copied: None
On: May 22nd, 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 40

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: May 23rd, 1986
Action: Concurring Opinion Author's Response
May be response to a suggestion, the majority opinion, 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 41

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 24th, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 42

From: John Paul Stevens
To: Conference
Copied: None
On: May 27th, 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 43

From: Warren E. Burger
To: Conference
Copied: None
On: May 29th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 44

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 30th, 1986
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 45

From: John Paul Stevens
To: Sanda Day O'Connor
Copied: Conference
On: June 5th, 1986
Action: Concurring Opinion Author's Response
May be response to a suggestion, the majority opinion, 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 46

From: Sanda Day O'Connor
To: Conference
Copied: None
On: June 5th, 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 47

From: Sanda Day O'Connor
To: Conference
Copied: None
On: June 6th, 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 48

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

Document 49

From: John Paul Stevens
To: Conference
Copied: None
On: June 7th, 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 50

From: Sanda Day O'Connor
To: Conference
Copied: None
On: June 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 51

From: Warren E. Burger
To: Conference
Copied: None
On: June 10th, 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