Inside the Supreme Court

Petition to Decision

Papers of Supreme Court Justices on Civil Rights Cases

David Achtenberg

Professor & Law Foundation Scholar

UMKC School of Law

Kansas City, MO 64110-2499

816-235-2382

AchtenbergD@umkc.edu

Petition to Decision
Home Page
Case Selection
 
What’s New
 
Finding Your Way Around
 
Coming Attractions
 
What You Will Find








Petition to Decision
Home Page
Case Selection
 
What’s New
 
Finding Your Way Around
 
Coming Attractions
 
What You Will Find

 

What You Will Find In Case Files

        The short answer is that each case file contains digital copies of every document that can be found in the actual, hard copy files of the justices of the Supreme Court.   Petition to Decision includes all the documents so that you can decide which of them are important for your research.   For example, if more than one justice had a copy of a particular document, the website contains every copy because the justices often made significant handwritten notes on their individual copies.   The total number of documents varies from case to caseMonell contains approximately 1800 pages while Owen has only 800—and each individual file contains a wide range of documents.   Shown below are examples of some important types of documents you will ordinarily find in every file:          
 Types of Documents Click Images to See Examples
Conference Notes:  Shortly after oral argument, the justices meet to discuss and vote on each case.  No one is present at these conferences other than the justices themselves, but the justices do make personal notes which are essentially the only record of what was said. 
Justice Powell’s
Conference Notes re Owen
Internal Memos:  The justices and their clerks frequently write memos discussing a case, recommending how it should be decided, suggesting changes in draft opinions, or agreeing to join in another justice’s opinion.   Click the picture for an example.
Law Clerk’s Memo to Justice Marshall
re Monell
 
Justice Brennan’s Memo to Conference re Monell (with Justice Powell’s Comments)
Dockets (Vote Records): Parties who want the Court to hear their cases ordinarily file a request for review called a "petition for writ of certiorari" and the opposing party may file a brief in opposition.  The decision whether to hear the case is made at meetings of the justices called "cert conferences."  The principal record of what takes place at those conferences is a handwritten form called a "docket."  Dockets contain a justice’s personal record of the other justices’ votes on whether to hear the case.  They often also contain additional notes about the discussion during the certiorari conference and sometimes record preliminary votes on the merits.           
1/7/1977          1/14/1977           1/24/1977

Justice Powell’s Dockets for the
Three Certiorari Conferences on Monell
Pool Memoranda:  Most of the justices have agreed to delegate the initial review of petitions for certiorari to law clerks through the "pool" system.  The petitions are divided among all the justices’ law clerks and the assigned clerk then writes a memorandum analyzing the case and recommending whether the review should be granted.  This "pool memorandum" is sent to each of the justices and each justice’s clerk individually annotates it with his or her own thoughts and recommendations.  The justice will often make additional notes on the pool memorandum.

Pool Memo re Tuttle
with Comments by
Justice Blackmun and
His Clerk
Opinion Drafts:  The opinions almost always go through multiple drafts and the justices frequently make extensive handwritten notes and comments on those drafts.   The drafts, notes and comments provide important insight into the justices’ thinking.     
Justice Rehnquist’s
4th Draft Opinion re Tuttle
(with Justice Blackmun’s Comments)