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

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Part 1
 
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Part 3
 
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Abbreviations
 

 

 

 

 

 

 

City of Newport v. Fact Concerts

Timeline

 

 Part 1
Deciding to Grant Review
First Filings to Grant of Certiorari
Part 2
Briefing, Argument & Decision on the Merits
Grant of Certiorari to First Conference
Part 3
Drafting the Opinions
F
irst Drafts to Final Decisions
Part 4
After the Decision
Petition for Rehearing and Post Decision Events

 

          Coverage:  This page is a chronological timeline of the Court’s internal discussion and handling of Newport from the petitioner's earliest filings through the announcement of the decision in the case.  The timeline is divided into four sections which can be accessed through the buttons above or the ones in the yellow navigation area.

 

         Accessing Documents:  Each event is linked to all the documents in the Blackmun, Brennan, Marshall, and Powell files (as well as some documents from additional sources) that relate to that event.  To access a document, click on its link.  In the illustration below, you would click the link indicated by the red arrow to access the copy of Justice Powell's Opinion log that was found in his files.  (The links do not work on this illustration which is not from the Newport files.  To experiment, go to the timeline itself.) 

 

   

       

          Duplicate Documents:  When more than one copy of a document was found, I have included and linked all copies.  When a particular justice’s copy of a document contains additional annotations or markings, the link to that copy ends with an asterisk.   In the illustration above, the asterisks at the end of the circled entries indicate that both Justice Marshall and Justice Powell (or their clerks) made notes on their respective copies of the first draft of Justice Brennan's majority opinion.

 

         Transcripts:  Where I have prepared a transcription of a handwritten document, a link to the transcript is provided in red immediately after the document link. For example, in the illustration below, you would click on the link indicated by the red arrow to view a high resolution copy of Justice Blackmun's Conference Notes, and you would click on the red "Transcript" link to view my transcription of that document.  (The links do not work in this illustration which is not from the Newport files.  To experiment, go to the timeline itself.)

 

        

          Abbreviations:  I have abbreviated the names of the justices, their clerks, and a few other persons.  A key to all abbreviations can be accessed by clicking the abbreviations button in the yellow navigation area. 

 

          Dates:  If the date of an event is unclear, estimated or derived, the date is underlined and the date is linked to an explanation. 

 

          Higher Resolution Copies:  Most of the documents are presented in comparatively small pdf files which should be adequate for most uses.  Please let me know if you think that any particular image needs to be replaced with a higher resolution version.  I will also be happy to send higher resolution copies (or original JPEGs) of any images to anyone who needs them.  For further information about how the documents were photographed, edited and converted to pdf files, click here to go to the Image Creation and Conversion Protocol Page

 

          Sources and Citation:  For an explanation of how to determine the original archive location of any document, click here to go to the Document Source Page.

 


Newport Home
 
Timeline
Part 1
 
Timeline
Part 2
 
Timeline
Part 3
 
Timeline
Part 4
 
Abbreviations





























Newport Home
 
Timeline
Part 1
 
Timeline
Part 2
 
Timeline
Part 3
 
Timeline
Part 4
 
Abbreviations


























Newport Home
 
Timeline
Part 1
 
Timeline
Part 2
 
Timeline
Part 3
 
Timeline
Part 4
 
Abbreviations
















































   
Newport Timeline—Part 1  
Deciding to Grant Review: First Filings to Grant of Certiorari (9/12/80-12/12/80)  
    Documents  
Event Date HAB WJB TM LFP PS BRW Other
Petition for Certiorari filed 09/12/80             Cert Petition
            Docket
Brief in Opposition filed 10/14/803             BIO
            Docket
PWC (LFP Clerk) circulates pool memo 10/29/80 Memo PWC to Pool*     Memo PWC to Pool*      
  EG (PS Clerk) sends memo to PS recommending denial 10/29/80         Memo EG to PS      
JPD (HAB Clerk) and HAB annotate pool memo.  JPD recommends deny because no objection and no conflict.   10/29/80 Memo PWC to Pool*            
PWC (LFP Clerk) and LFP annotate pool memo.  10/31/80       Memo PWC to Pool*      
Case discussed in conference.  WHR votes to grant.  Five vote to deny.  WEB initially votes to deny; then to join 3.  HAB votes to join 3.  At LFP's request, case is relisted. 11/07/80   WJB Docket (Vote Record)   LFP Docket   BRW Docket  
LFP writes note to PWC (LFP Clerk) describing votes at 11/7 cert conference and asking PWC to discuss case with him on Saturday and then talk to WHR's clerk.  (This note is on LFP's docket sheet for the case.)  11/07/80       LFP Docket      
LFP writes note to himself that he has decided to vote to deny certiorari because there was no objection on the punitive damage issue 11/13/80       Memo LFP to Self      
Case discussed in conference.  WHR votes to grant.  HAB votes to join 3.  Other seven vote to deny.  Case is relisted so that WHR can write (presumably, to write a dissent from denial of certiorari.)   11/14/80       LFP Docket (2)   BRW Docket  
Case set for conference.  Case is again relisted so that WHR can write.   11/26/80       LFP Docket (3)      
WHR circulates typed first draft of proposed dissent from denial of certiorari 12/10/80 WHR Dissent from Denial 1st Draft    WHR Dissent from Denial 1st Draft WHR Dissent from Denial 1st Draft* WHR Dissent from Denial 1st Draft WHR Dissent from Denial 1st Draft  
PWC (LFP Clerk) makes note on WHR typed draft dissent indicating that he is now persuaded.  LFP responds with note indicating that he has joined WHR's dissent. 12/11/80       WHR Dissent from Denial 1st Draft*      
HAB writes WHR that he will join WHR's dissent from denial of certiorari 12/11/80 Memo HAB to WHR   Memo HAB to WHR Memo HAB to WHR Memo HAB to WHR Memo HAB to WHR  
LFP writes WHR that he will join WHR's dissent from denial of certiorari 12/11/80 Memo LFP to WHR   Memo LFP to WHR Memo LFP to WHR Memo LFP to WHR Memo LFP to WHR  
WHR circulates printed version of his first draft of proposed dissent from denial of certiorari showing LFP & HAB as having joined 12/11/80 WHR Dissent from Denial Printed   WHR Dissent from Denial Printed WHR Dissent from Denial Printed* WHR Dissent from Denial Printed WHR Dissent from Denial Printed  
WEB writes WHR that he will join WHR's dissent from denial of certiorari and that, if HAB's and LFP's "votes are firm" certiorari will be granted 12/11/80 Memo WEB to WHR   Memo WEB to WHR Memo WEB to WHR Memo WEB to WHR Memo WEB to WHR  
PWC (LFP Clerk) notes on WHR printed draft that, with the addition of WEB's vote to grant, certiorari will be granted.   12/11/80       WHR Dissent from Denial Printed*      
Court discusses case in conference and votes to grant certiorari limited to Question 1.  WEB, HAB, LFP, and WHR vote to grant certiorari.  12/12/80   WJB Docket (Vote Record)   LFP Docket (4) PS Docket BRW Docket  



   
Newport Timeline—Part 2  
Briefing, Argument & Decision on the Merits (1/28/81-4/3/81)  
    Documents  
Event Date HAB WJB TM LFP PS BRW Other
Brief for Petitioner filed 01/28/81             Brief for Petitioner
            Docket
Joint Appendix filed 01/28/81             Joint Appendix
            Docket
Brief of Amicus James J. Clancy (with motion for leave) filed 01/30/81             Amicus Clancy
            Docket
Brief of Amicus City of Santa Ana, California filed 02/24/81             Amicus Santa Ana
            Docket
Brief for Respondent Filed 03/02/81             Respondent Brief
            Docket
Brief for Amicus ACLU Affiliates filed 03/04/81             Amicus ACLU
            Docket
Brief of Amicus NIMLO filed. (I believe leave to grant this brief was denied on the basis that it was untimely.  However, at least one of the justices' clerks mentioned it in a memo.)   03/11/81             Amicus NIMLO
            Docket
Reply Brief for Petitioner filed. 03/18/81             Reply Brief
            Docket
Brief for Amicus States of Washington, et al. filed 03/23/81         Amicus States
            Docket
JAS (TM Clerk) writes bench memo for TM arguing that issue was not properly preserved and that punitive damages should be available against cities for egregious or intentional constitutional violations.   03/28/81     Memo JAS to TM        
PMS (LFP Clerk) writes bench memo for LFP.  Suggests punitive damage issue was procedurally defaulted .  Argues for reversal if merits reached.     03/28/81       Memo PMS to LFP      
LFP reviews and annotates PMS's bench memo 03/29/81       Memo PMS to LFP      
JJB (HAB Clerk) writes bench memo for HAB.   Suggests punitive damage issue was procedurally defaulted .  Argues for reversal if merits reached.     03/29/81 Memo JJB to HAB            
HAB prepares handwritten notes for oral argument 03/30/81 HAB Notes
[Transcript]
           
HAB annotates JJB's proposed questions for oral argument 03/31/81 HAB Questions            
Oral Argument 03/31/81 HAB Oral Argument  Notes     LFP Oral Argument Notes     Docket
 [Transcript]     [Transcript]     Transcript
            Oral Argument Audio
LFP makes handwritten note in preparation for conference 04/01/81     LFP Notes for Conference
[Transcript]
   
Newport discussed in conference.  Court votes to reverse.  (Six to reverse, 3 to affirm or dismiss certiorari as improvidently granted.   04/03/81 HAB Conference Notes WJB Conference Notes
[Transcript]
  LFP Conference Notes PS Conference Notes    
[Transcript] WJB Docket
  [Transcript] [Transcript]   Docket



               
Newport Timeline—Part 3  
Drafting the Opinions: From First Drafts to Final Opinions (4/6/81-6/26/81)  
    Documents  
Event Date HAB WJB TM LFP PS BRW Other
Majority opinion assigned to HAB 04/06/81 HAB Opinion Log       Assignment Sheet
HAB Assignments
   
WJB writes TM and JPS that he will draft a dissenting opinion 04/07/81     Memo WJB to TM & JPS        
HAB circulates first (typed) draft of opinion 06/05/81 HAB 1st Draft HAB 1st Draft* HAB 1st Draft* HAB 1st Draft* HAB 1st Draft HAB 1st Draft*  
HAB Opinion Log     LFP Opinion Log PS Opinion Log    
LFP decides to write HAB that he will recuse himself. 06/06/81       HAB 1st Draft*      
HAB 1st draft printed but not circulated in that form 06/06/81 HAB Uncirculated 1st Draft            
JPS writes HAB suggesting that HAB might reach a different result in a case involving a flagrant abuse of minority citizens' rights.  JPS indicates that he might join a more limited opinion, but will await Brennan's dissent and may write himself.   06/08/81 Memo JPS to HAB Memo JPS to HAB Memo JPS to HAB Memo JPS to HAB Memo JPS to HAB Memo JPS to HAB  
HAB Opinion Log     LFP Opinion Log      
PS writes HAB suggesting specific changes. 06/08/81 Memo PS to HAB Memo PS to HAB Memo PS to HAB Memo PS to HAB Memo PS to HAB    
HAB Opinion Log            
WJB writes HAB that he will dissent 06/08/81 Memo WJB to HAB Memo WJB to HAB Memo WJB to HAB Memo WJB to HAB Memo WJB to HAB Memo WJB to HAB  
HAB Opinion Log     LFP Opinion Log PS Opinion Log    
TM writes that he will await WJB's dissent 06/08/81 Memo TM to HAB Memo TM to HAB Memo TM to HAB Memo TM to HAB Memo TM to HAB Memo  TM to HAB  
HAB Opinion Log     LFP Opinion Log PS Opinion Log    
BRW writes HAB that he will join HAB's opinion 06/09/81 Memo BRW to HAB Memo BRW to HAB Memo BRW to HAB Memo BRW to HAB Memo BRW to HAB Memo BRW to HAB  
HAB Opinion Log     LFP Opinion Log PS Opinion Log    
JJB (HAB Clerk) writes memo to HAB suggesting changes to accommodate PS without further alienating JPS 06/10/81 Memo JJB to HAB            
HAB writes PS indicating changes HAB will make  to accommodate PS's concerns 06/10/81 Memo HAB to PS Memo HAB to PS Memo HAB to PS   Memo HAB to PS Memo HAB to PS
HAB Opinion Log            
WHR joins HAB's Opinion  06/10/81 Memo WHR to HAB Memo WHR to HAB Memo WHR to HAB Memo WHR to HAB Memo WHR to HAB Memo WHR to HAB  
HAB Opinion Log     LFP Opinion Log      
  PS writes HAB thanking him for making changes and agreeing to join opinion.  06/10/81         Memo PS to HAB Memo PS to HAB    
HAB circulates second draft of opinion 06/11/81 HAB 2d Draft   HAB 2d Draft   HAB 2d Draft HAB 2d Draft  
HAB Opinion Log     LFP Opinion Log PS Opinion Log    
HAB prepares memo to HCL about second draft but does not send it because WEB joins later in the day 06/11/81 Memo HAB to HCL            
WEB writes HAB joining HAB's opinion as modified in response to PS's concerns 06/11/81 Memo WEB to HAB Memo WEB to HAB Memo WEB to HAB Memo WEB to HAB Memo WEB to HAB Memo WEB to HAB  
HAB Opinion Log     LFP Opinion Log PS Opinion Log    
WM sends memo to HCL enclosing second draft opinion with vote breakdown. 06/11/81 Memo WM to HCL            
HCL prepares draft syllabus of opinion and sends it to HAB 06/12/81 Syllabus Draft            
Memo HCL to HAB            
HAB revises draft syllabus 06/17/81 Syllabus Draft            
HAB sends revised syllabus to HCL 06/17/81 Memo HAB to HCL            
WJB circulates 1st (typed) draft dissent 06/19/81 WJB 1st Draft* WJB 1st Draft WJB 1st Draft* WJB 1st Draft* WJB 1st Draft WJB 1st Draft  
HAB Opinion Log     LFP Opinion Log PS Opinion Log    
TM writes that he will join WJB's dissent 06/19/81 Memo TM to WJB Memo TM to WJB Memo TM to WJB Memo TM to WJB Memo TM to WJB  
HAB Opinion Log     LFP Opinion Log PS Opinion Log    
JPS writes WJB requesting change to preserve his position with regard to Monell and indicating he will join if the change is made.  Copies of this memo are not sent to the conference.   06/19/81   Memo JPS to WJB          
PMS (LFP Clerk) writes LFP (note on WJB dissent) describing the dissent as strong.  Notes that LFP may be recusing himself. 06/2181       WJB 1st Draft*      
JJB (HAB Clerk) writes memo to HAB suggesting footnote (text enclosed) to respond to part of WJB's dissent.   06/22/81 Memo JJB to HAB            
HAB writes conference that he will add a footnote (text included) to respond to part of WJB's dissent 06/22/81 Memo HAB to Conf Memo HAB to Conf Memo HAB to Conf   Memo HAB to Conf Memo HAB to Conf  
HAB Opinion Log            
JPS writes WJB that he will join WJB's dissent 06/22/81 Memo JPS to WJB Memo JPS to WJB Memo JPS to WJB Memo JPS to WJB Memo JPS to WJB Memo JPS to WJB  
HAB Opinion Log     LFP Opinion Log PS Opinion Log    
Court discusses in conference whether LFP needs to recuse himself because he owns government securities.  Court unanimously decides that such ownership is not disqualifying.  (Compare LFP's memo of 3/6/78 on the same topic in Monell.) 06/22/81       LFP Memo to Self      
LFP writes SS (note on WJB dissent) that he will not recuse himself. 06/22/81       WJB 1st Draft*      
LFP writes HAB that he will not recuse himself and will join HAB's opinion 06/22/81 Memo LFP to HAB Memo LFP to HAB Memo LFP to HAB Memo LFP to HAB Memo LFP to HAB Memo LFP to HAB  
HAB Opinion Log     LFP Opinion Log PS Opinion Log    
WM sends HCL memo explaining final line-up of justices 06/22/81 Memo WS to HCL            
HAB receives proof copy of opinion 06/22/81 HAB Proof Copy            
WHR sends LFP a memo re Gulf Offshore Co. v. Mobil. (This appears to have been misfiled and is not relevant to Newport.) 06/22/81       Memo WHR to LFP      
Second (printed) draft of syllabus prepared 06/24/81 Syllabus Draft 2            
WJB circulates 1st (printed) draft dissent  06/24/81 HAB Opinion Log WJB 1st Printed Draft WJB 1st Printed Draft LFP Opinion Log WJB 1st Printed Draft WJB 1st Printed Draft  
HAB prepares notes for announcement of opinion 06/26/81 HAB Notes            
WJB circulates final form of dissent 06/26/81   WJB Final Draft          
Opinion Announced 06/26/81 HAB Opinion Log       PS Opinion Log
HAB Assignments
  Docket
   


   
Newport Timeline—Part 4  
After the Decision: Post-Decision Events  (8/19/81-8/22/81)  
    Documents  
Event Date HAB WJB TM LFP PS BRW Other  
HCL writes HAB for advice re proposed editorial change 08/19/81 Memo HCL to HAB            
Note written on HCL's 8/19/81 memo. 08/22/81 Memo HCL to HAB            
                     
   

Newport Home
 
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Part 3
 
Timeline
Part 4
 
Abbreviations

 

 
Notes to Timeline Dates  
Date Explanation  
10/31/80 This date is a very rough estimate.  LFP and PWC's annotations are undated and it's unclear when they were made.  However, HAB annotated same memo on 10/29 so it seemed likely that PWC (who was the author of the memo) and LFP annotated it within a few days.     
11/07/80 Date based on indications that the note was written during  the 11/7 certiorari conference  
03/18/81 Filing date is uncertain and will be verified when court's docket is received.    
03/23/81 Filing date is uncertain and will be verified when court's docket is received.    
03/28/81 Date estimated based on dates of other clerk's bench memos.    
03/31/81 These questions appear to have originally been part of JJB's 3/29/81 memo to HAB.  The handwritten checkmarks appear to have been made by HAB before or during the 3/31/81 oral argument. argument.  
06/17/81 The date of these revisions is unclear but it seems likely they were made shortly before 6/17 when HAB transmitted the revised syllabus to HCL.    
06/21/81 Date estimated based on context  
06/22/81 Recusal: Date based on LFP's memo about the conference discussion of recusal that occurred on that date.    
06/22/81 Proof Copy: Uncirculated proof copy.  Contains footnote described in HAB's memo of 6/22/81 and was before 6/26/81 announcement of opinion.  
06/26/81 While this document is dated 6/26/81, it was probably earlier since it is unlikely that HAB prepared his oral announcement the morning the decision was announced.