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

City of Newport v. Fact Concerts

Timeline

          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 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