Show / Hide Files

Bowers V. Hardwick (1985)

 

Document 1

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: October 17th, 1985
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.
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 2

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: October 17th, 1985
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: Byron R. White
To: Conference
Copied: None
On: October 17th, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 4

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: October 23rd, 1985
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case

Document 5

From: Warren E. Burger
To: Conference
Copied: None
On: October 24th, 1985
Action: Memos about Cert Votes
A justice's cert vote (grant, deny, or note probable jurisdiction, join three); suggest they grant cert for specific issue; discussion of which questions cert grant should be limited to; adhere to cert vote; memo about cert petition (e.g., listing it on the conference list (special order list)); case should be relisted; make suggestions to proposed questions in case; any memo about listing or relisting a case

Document 6

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: April 3rd, 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 7

From: Lewis F. Powell
To: Conference
Copied: None
On: April 8th, 1986
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition
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 8

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: April 8th, 1986
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 9

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: April 9th, 1986
Action: Majority Opinion Assignment
This may be an assignment of either the majority opinion or a memorandum opinion; memo may state that a justice has agreed to undertake the opinion of the Court; memo reassigns the case

Document 10

From: Byron R. White
To: Conference
Copied: None
On: April 21st, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 11

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: April 21st, 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 12

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: April 22nd, 1986
Action: Join Judgment of Court
Memos where a justice states that they join the judgment or result of the Court or where they join part of the judgment

Document 13

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: April 22nd, 1986
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 14

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: April 23rd, 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 15

From: Byron R. White
To: Conference
Copied: None
On: April 28th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: Byron R. White
To: Conference
Copied: None
On: May 20th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: Sanda Day O'Connor
To: Byron R. White
Copied: Conference
On: June 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 18

From: Lewis F. Powell
To: Conference
Copied: None
On: June 19th, 1986
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 19

From: Warren E. Burger
To: Conference
Copied: None
On: June 22nd, 1986
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 20

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 23rd, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 21

From: Lewis F. Powell
To: Conference
Copied: None
On: June 23rd, 1986
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 22

From: John Paul Stevens
To: Harry A. Blackmun
Copied: Conference
On: June 23rd, 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.
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 23

From: Thurgood Marshall
To: John Paul Stevens
Copied: Conference
On: June 24th, 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 24

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: June 24th, 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 25

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: June 24th, 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 26

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: June 24th, 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 27

From: John Paul Stevens
To: Conference
Copied: None
On: June 24th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 28

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: June 24th, 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 29

From: Lewis F. Powell
To: Conference
Copied: None
On: June 25th, 1986
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 30

From: Byron R. White
To: Conference
Copied: None
On: June 25th, 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

Document 31

From: Byron R. White
To: Conference
Copied: None
On: June 25th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 32

From: John Paul Stevens
To: Conference
Copied: None
On: June 25th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 33

From: Byron R. White
To: Conference
Copied: None
On: June 26th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 34

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 26th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 35

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: June 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 36

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: None
On: June 30th, 1986
Action: Suggestion to Separate Opinion
Memo states includes a justice's suggestion for a separate opinion (e.g., don't agree with reasoning of separate opinion; comment on separate opinion; will join separate opinion if; cannot join separate opinion; will be making suggestion to separate opinion). The identity of the separate opinion author who receives suggestion is located in the JOINED variable.