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

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

 

 

 

 

 

 

Will v. Michigan Department of State Police

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 Will v. Michigan Department of State Police 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 White 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 Will 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.

        

          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.

 

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







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







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







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







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







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








Will Timeline—Part 1
Deciding to Grant Review: First Filings to Grant of Certiorari (1/11/88 - 4/18/88)
    Documents
Event Date HAB WJB TM BRW Other
Petitioner Will files Petition for Certiorari 01-11-88     Docket
Petition
  Respondent Michigan Department of State Police files waiver of right to respond 02-08-88         Docket  
Petition for certiorari distributed to chambers for consideration at February 26, 1988 cert conference 02-10-88         Docket
  HAB's clerk EB circulates memorandum to the pool.  EB states that the case presents the unresolved issue of whether a state is a person for purposes of §1983 and thus subject to suit in state court under the statute.  EB recommends that the Court call for a response in anticipation of granting certiorari. 02-19-88 Memo EB to HAB          
  WJB's clerk EJR writes memo to WJB recommending calling for response in anticipation of granting certiorari.  EJR says question of whether states are persons has divided the lower courts and is ripe for resolution.  EJR says the petitioner's lawyers appear "super."  02-19-88   Memo EJR to WJB        
  EB or HAB annotates HAB's copy of the pool memo, indicating that EB recommends calling for response. 02-20-88 Memo EB to HAB          
  Court requests response from Michigan Department.  02-26-88         Docket  
Michigan Department of State Police files a Brief in Opposition to Certiorari.  03-28-88       Docket
BIO
Petition and Brief in Opposition are redistributed to chambers for consideration at the April 15, 1988 cert conference 03-30-88         Docket
  TM's clerk CSS writes memo to TM tentatively recommending grant but cautioning that this could lead to the Court affirming and thus precluding §1983 suits against states even in state courts.  04-6-88     Memo CSS to TM      
  HAB annotates CSS's memo indicating he will "Join 3." 04-14-88     Memo CSS to TM      
EB annotates HAB's copy of the pool memo and recommends granting certiorari 04-14-88 Memo EB to HAB        
Petition discussed in conference.  Court decides to grant certiorari 7-2.  JPS and SOC would deny.  04-15-88   WJB Docket (Vote Record)
Memo EJR to WJB
     
Order granting certiorari issued 04-18-88   WJB Docket (Vote Record) TM Docket (Vote Record)   Docket
Will Timeline—Part 2
Briefing, Argument & Decision on the Merits (4/19/88 - 12/7/88)
    Documents
Event Date HAB WJB TM BRW Other
Time for filing Petitioner's brief on the merits extended to June 18, 1988. 05-05-88         Docket
  Record filed. 05-12-88         Docket  
Joint Appendix filed 06-17-88         Docket
Joint Appendix
Brief for Petitioner Ray Will filed 06-17-88         Docket
Petitioner Brief
Brief for Amicus Lawyers Committee for Civil Rights Under Law et al. filed 06-17-88         Docket
LCCR Brief
Time for filing Respondent's brief on the merits extended to August 3, 1988 06-24-88         Docket
Application of Petitioner for extension of time to file reply brief submitted to Chief Justice (WHR) 07-20-88         Docket
  WHR extends Petitioner's  time to file reply brief to September 16, 1988 07-25-88         Docket  
Brief of Respondent Michigan Department of State Police filed 08-03-88         Docket
Respondent Brief
Brief of Amicus National Governor's Association filed 08-03-88         Docket
NGA Brief
Brief of Amicus State of Tennessee filed 08-03-88         Docket
Tenn Brief
Briefs circulated to chambers 08-18-88         Docket
Reply Brief of Petitioner Ray Will filed 09-15-88         Docket
Reply Brief
Case set for argument on December 5, 1988. 09-30-88         Docket
A member of the public named Michael McGovren (sic) purports to file an "informal amicus brief" in the case. 10-09-88 Letter from M McGovren        
  Clerk rejects "informal amicus brief" 10-26-88 Letter from M McGovren          
  "Informal amicus brief" is sent to HAB 11-04-88 Letter from M McGovren          
HAB's clerk DCM writes memo to HAB suggesting that it will be difficult to reverse in light of Quern but suggesting a reversal and remand to determine whether the state has waived its sovereign immunity. 11-20-88 Memo DCM to HAB        
WJB's clerk LH writes memo to WJB recognizing that it would be extremely difficult to justify reversal without overturning Quern.  (The case description sheet was probably attached to this memo.)  11-21-88 Memo LH to WJB
Case Description
 
TM's clerk JMS writes memo to TM recommending affirming.  11-23-88     Memo JMS to TM    
TM attaches note to JMS memo.  "Affirm. 11-24-88     Memo JMS to TM    
HAB prepares handwritten pre-argument notes indicating that he expects to vote to dismiss as improvidently granted or to affirm 12-01-88 Memo HAB to Self
Transcript
       
Case argued. 12-05-88 HAB Oral Arg Notes
Transcript
      Oral Argument Transcript & Audio
Docket
  DCM writes memo to HAB discussing the jurisdictional issue 12-05-88 Memo DCM to HAB          
  DCM writes second memo to HAB discussing jurisdictional issue. 12-05-88 Memo DCM to HAB(2)          
WJB prepares typed remarks on Will to deliver at the conference 12-06-88   WJB Notes for Conf      
Will discussed in conference.  Court votes 5 to 3 to 1 to affirm.  WJB, TM, and HAB vote to reverse.  JPS votes to affirm in part and reverse in part.  12-07-88 HAB Conf Notes
Transcript
WJB Conf Notes
Transcript
WJB Docket (Vote Record
TM Conf Notes
Transcript
TM Docket (Vote Record)
   
Will Timeline—Part 3
Drafting the Opinions: From First Drafts to Final Opinions (12/8/88 - 6/15/89)
    Documents
Event Date HAB WJB TM BRW Other
Majority opinion assigned to BRW 12-12-88     TM Docket (Vote Record)    
WJB writes memo to TM and HAB (not the conference) indicating that he will undertake the dissent.  01-05-89 Memo WJB to TM & HAB Memo WJB to TM & HAB  Memo WJB to TM & HAB
  Respondents move for leave to file a supplemental brief after argument.  (Although this motion was granted, see 01-23-89, no copy of such a brief was found.)  01-14-89         Docket  
BRW circulates first draft of opinion. 01-16-89 BRW 1st Draft* BRW 1st Draft* BRW 1st Draft* BRW 1st Draft  
SDO writes BRW that she will join his opinion 01-17-89 Memo SDO to BRW Memo SDO to BRW Memo SDO to BRW Memo SDO to BRW  
WJB writes BRW that he will circulate a dissent 01-17-89 Memo WJB to BRW Memo WJB to BRW Memo WJB to BRW Memo WJB to BRW  
DCM writes HAB recommending circulating note indicating that HAB will await the dissent. 01-18-89 Memo DCM to HAB
TM writes BRW that TM will await the dissent 01-18-89 Memo TM to BRW Memo TM to BRW Memo TM to BRW Memo TM to BRW
  Court grants respondents' motion for leave to file supplemental brief after argument.  (No copy of such a brief has been found.)  01-23-89         Docket  
HAB writes BRW that HAB will await the dissent 01-23-89 Memo HAB to BRW Memo HAB to BRW Memo HAB to BRW Memo HAB to BRW
WHR writes BRW that WHR will join BRW's opinion 01-23-89 Memo WHR to BRW Memo WHR to BRW Memo WHR to BRW Memo WHR to BRW
AGS writes BRW that AGS will join BRW's opinion 01-25-89 Memo AGS to BRW Memo AGS to BRW Memo AGS to BRW Memo AGS to BRW  
BRW circulates second draft of opinion 02-15-89   BRW 2nd Draft BRW 2nd Draft BRW 2nd Draft  
WJB circulates first draft of dissent 05-08-89   WJB 1st Draft Dissent WJB 1st Draft Dissent* WJB 1st Draft Dissent
DCM writes HAB recommending that he join the opinion.  She states that she had convinced WJB's clerk to modify the opinion in one respect and indicates she would like to recommend two minor stylistic revisions.  05-09-89 Memo DCM to HAB        
TM writes WJB that TM will join WJB's dissent 05-09-89 Memo TM to WJB Memo TM to WJB Memo TM to WJB Memo TM to WJB  
BRW circulates third draft of opinion 05-11-89   BRW 3rd Draft BRW 3rd Draft BRW 3rd Draft  
WJB circulates second draft of his dissent 05-15-89 WJB 2nd Draft Dissent WJB 2nd Draft Dissent WJB 2nd Draft Dissent WJB 2nd Draft Dissent  
AMK writes BRW that he AMK will join BRW's opinion 05-18-89 Memo AMK to BRW Memo AMK to BRW Memo AMK to BRW Memo AMK to BRW  
FDW writes BRW with draft syllabus.  (The draft syllabus has not been found.) 05-19-89       Memo FDW to BRW  
BRW replies to FDW's proposed syllabus with one change. 05-19-89 Memo BRW to FDW
BRW writes FDW approving new proposed syllabus. 05-22-89       Memo BRW to FDW  
BRW circulates fourth draft of opinion 05-23-89   BRW 4th Draft BRW 4th Draft BRW 4th Draft  
HAB writes WJB that HAB will join WJB's dissent 05-25-89 Memo HAB to WJB Memo HAB to WJB Memo HAB to WJB Memo HAB to WJB  
JPS sends BRW a typed version "Draft 3" of his proposed dissent.  (It pre-dates  printed drafts one through four of JPS's dissent.)  This document is titled "Draft 3 - LJL [MIDEI/MIDEIF]  JPS/jrh [Willi,Willif]" which may mean that it was partially drafted by one of JPS's clerks, probably Lewis J. Liman. 05-31-89 JPS Typed Draft Dissent
JPS circulates first printed draft dissent 06-01-89 JPS 1st Draft Dissent JPS 1st Draft Dissent JPS 1st Draft Dissent JPS 1st Draft Dissent  
BRW circulates fifth draft opinion 06-02-89   BRW 5th Draft BRW 5th Draft BRW 5th Draft  
JPS circulates second printed draft dissent 06-05-89   JPS 2nd Draft Dissent JPS 2nd Draft Dissent JPS 2nd Draft Dissent
BRW circulates sixth draft opinion 06-05-89   BRW 6th Draft BRW 6th Draft BRW 6th Draft  
JPS circulates third draft dissent 06-07-89   JPS 3rd Draft Dissent JPS 3rd Draft Dissent JPS 3rd Draft Dissent  
JPS circulates fourth draft dissent 06-09-89     JPS 4th Draft Dissent JPS 4th Draft Dissent  
WJB circulates third draft dissent 06-12-89   WJB 3rd Draft Dissent WJB 3rd Draft Dissent WJB 3rd Draft Dissent  
BRW circulates seventh draft opinion 06-12-89   BRW 7th Draft BRW 7th Draft BRW 7th Draft
BRW circulates memo to conference recommending actions to be taken on cases held pending the decision in Will.  06-13-89 Memo BRW to Conf Memo BRW to Conf*      
WJB circulates a slightly revised version of the third draft of his dissent.  It appears to make only stylistic changes to the version circulated on 06-12-89 (e.g., changing "it" to Congress" in the last paragraph on page 9). 06-14-89   WJB 3rd Draft Dissent (v2) WJB 3rd Draft Dissent (v2) WJB 3rd Draft Dissent (v2)  
WJB circulates unnumbered draft of dissent making one additional change.  06-14-89   WJB Dissent WJB Dissent WJB Dissent  
Opinions announced 06-15-89     TM Docket (Vote Record)   Docket
Will Timeline—Part 4
After the Decision: Post-Decision Events  (6/16/89 - 1/13/92)
    Documents
Event Date HAB WJB TM BRW Other
Ivan Douglas Sahlman (apparently a member of the public) writes HAB praising WJB's dissent.  01-13-92 Letter from I. Sahlman        

Will Home
 
Timeline
Part 1
 
Timeline
Part 2
 
Timeline
Part 3
 
Timeline
Part 4
 
Abbreviations
Notes to Timeline Dates
Date Explanation
02-19-88 Date estimated based on context.  (Before call for response.) 
04-14-88 Date estimated based on context.  (One day before certiorari conference.)
11-21-88 Date estimated based on context.  (Two weeks before argument.)
11-24-88 Date estimated based on context.  (One day after date of JMS memo.) 
12-06-88 Date estimated based on context.  (Between oral argument and merits conference.)
  06-14-89 June 14 is the "recirculated" date.  The document itself has a printed date (in brackets) of June 15, which was the anticipated hand-down date.