Show / Hide Files

Darden V. Wainwright (1985)

 

Document 1

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: September 3rd, 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 2

From: Lewis F. Powell
To: Conference
Copied: None
On: September 4th, 1985
Action: Cover Memo to Application for Order
This indicates a memo that informs the Court that an application (e.g., stay, injunction) will be circulated soon; memo about an order

Document 3

From: Warren E. Burger
To: Conference
Copied: None
On: September 4th, 1985
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 4

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: September 5th, 1985
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 5

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: September 6th, 1985
Action: Cover Memo to Application for Order
This indicates a memo that informs the Court that an application (e.g., stay, injunction) will be circulated soon; memo about an order

Document 6

From: William H. Rehnquist
To: Conference
Copied: None
On: September 9th, 1985
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 7

From: Harry A. Blackmun
To: Conference
Copied: None
On: September 10th, 1985
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 8

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: September 10th, 1985
Action: Cover Memo to Application for Order
This indicates a memo that informs the Court that an application (e.g., stay, injunction) will be circulated soon; memo about an order

Document 9

From: Thurgood Marshall
To: Conference
Copied: None
On: September 10th, 1985
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 10

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: September 12th, 1985
Action: Cover Memo to Application for Order
This indicates a memo that informs the Court that an application (e.g., stay, injunction) will be circulated soon; memo about an order

Document 11

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: October 9th, 1985
Action: Vote on a Motion (e.g., to vacate stay order, to deny an injunction)
Would deny stay; retain stay; suggest they not act on a motion or order; should vacate order; comment on when they should vote on the motion

Document 12

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: January 21st, 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 13

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Thurgood Marshall, John Paul Stevens
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 14

From: William J. Brennan, Jr.
To: Thurgood Marshall, Harry A. Blackmun, John Paul Stevens
Copied: Conference
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 15

From: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: March 20th, 1986
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 16

From: Lewis F. Powell
To: Conference
Copied: None
On: March 20th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: March 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 18

From: Sanda Day O'Connor
To: Lewis F. Powell
Copied: Conference
On: March 21st, 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 19

From: John Paul Stevens
To: Lewis F. Powell
Copied: Conference
On: March 21st, 1986
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 20

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: March 24th, 1986
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 21

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: March 24th, 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 22

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: March 24th, 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 23

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: May 21st, 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 24

From: Warren E. Burger
To: Lewis F. Powell
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 25

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

Document 27

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: June 3rd, 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 28

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: June 4th, 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 29

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 5th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 30

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 5th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 31

From: Lewis F. Powell
To: Conference
Copied: None
On: June 7th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 32

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 10th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 33

From: Warren E. Burger
To: Conference
Copied: None
On: June 13th, 1986
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 34

From: Lewis F. Powell
To: Conference
Copied: None
On: June 13th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 35

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: June 16th, 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 36

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: June 16th, 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 37

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: June 18th, 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 38

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: June 18th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 39

From: Warren E. Burger
To: Conference
Copied: None
On: June 19th, 1986
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 40

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 19th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 41

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: June 23rd, 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 42

From: William H. Rehnquist
To: Lewis F. Powell
Copied: None
On: June 23rd, 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 43

From: Lewis F. Powell
To: Conference
Copied: None
On: June 24th, 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 44

From: Lewis F. Powell
To: Conference
Copied: None
On: June 24th, 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