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Louisiana Public Service Commission V. Fcc (1985)

 

Document 1

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: January 24th, 1986
Action: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice

Document 2

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 5th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: May 5th, 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 4

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: May 6th, 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: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: May 6th, 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 6

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: May 6th, 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: Sanda Day O'Connor
To: William J. Brennan, Jr.
Copied: Conference
On: May 6th, 1986
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 8

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: May 6th, 1986
Action: Not Participating
These memos inform the Court whether a justice is "out" for a case; the memo may ask the opinion author to note the justice took no part in consideration of a case; memos may inform the Court that a justice is participating (e.g., not out; not recuse); memos may concern whether a justice should recuse himself or herself (e.g., may recuse self; have not decided whether to participate; do not think I should recuse); memos written by other justices about a colleague's recusal

Document 9

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: May 6th, 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 10

From: Harry A. Blackmun
To: Warren E. Burger
Copied: None
On: May 7th, 1986
Action: Undecided
Justice states that he or she is undecided, including phrases like not ready to commit, need more time, not at rest, or to consider further

Document 11

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: May 8th, 1986
Action: Dissent at Foot
This refers to a letter where a justice asks that a dissent (or a dissent in part) be noted at the foot of an opinion; it also includes at foot opinions that indicates the justice wants the Court to hear arguments and decide rather than dismiss or decide summarily
Action: Will Not Write Dissent
A memo where a justice states that he or she will not write a dissenting opinion or an opinion that dissents in part

Document 12

From: Harry A. Blackmun
To: Warren E. Burger
Copied: None
On: May 8th, 1986
Action: Will Not Write Dissent
A memo where a justice states that he or she will not write a dissenting opinion or an opinion that dissents in part

Document 13

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 13th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: May 14th, 1986
Action: Dissent at Foot
This refers to a letter where a justice asks that a dissent (or a dissent in part) be noted at the foot of an opinion; it also includes at foot opinions that indicates the justice wants the Court to hear arguments and decide rather than dismiss or decide summarily

Document 15

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