1990 Journal
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OCTOBER TERM, 1990 Reference Index Contents: pape Statistics n General in Arguments in Attorneys in Briefs iv Certiorari iv Costs v Judgments and Opinions v Miscellaneous v Original Cases v Parties vn Rehearings vn Rules vn Stays vn Conclusion vin (i) II STATISTICS AS OF JUNE 28, 1991 In Forma Paid Original Pauperis Cases Total Cases Number of cases on docket 14 2,351 3,951 6,516 3 1,986 3.423 5,412 11 365 528 904 Cases docketed during term: Paid cases 1,986 In forma pauperis cases 3,514 Original cases 2 Total 5,502 Cases remaining from last term 814 Total cases on docket 6,316 Cases disposed of 5,412 Number remaining on docket 904 Petitions for certiorari granted: In paid cases Ill In in forma pauperis cases 27 Appeals granted: In paid cases 3 In in forma pauperis cases 0 Total cases granted plenary review 141 Cases argued during term 125 Number disposed of by full opinions 121 Number disposed of by per curiam opinions.. 4 Number set for reargument next term 0 Cases available for argument at beginning of term 57 Disposed of summarily after review was granted 6 Original cases set for argument 3 Cases reviewed and decided without oral argument 109 Total cases available for argument at start of next term 70 Number of written opinions of the Court 112 Per curiam opinions in argued cases 4 Number of lawyers admitted to practice as of October 6, 1991: On written motion 3,618 On oral motion 1,263 Total 4,881 Ill GENERAL: paKe 1989 Term closed and 1990 Term convened October 1, 1990; adjourned October 7, 1991 1 Allotment order of Justices entered 110, 134 Barr, William J., named Acting Attorney General, August 16, 1991 Brennan, J. (Retired)— remarks by Chief Justice and ex- change of letters 1 Court closed for business by order of Chief Justice on De- cember 24 and December 31, 1990 Goldberg, J. Resolutions of Bar presented 162 Gullickson, William V. appointed Deputy Clerk, retired August 23, 1991 634 Marshall, J. moves admission of son and daughter-in-law; announced on June 27, 1991 his retirement when succes- sor is qualified; held press conference June 28, 1991; re- tirement effective October 1, 1991 858 Souter, J. investiture October 9, 1990 10 a.m.; Court re- cessed until 10:15 a.m., announced first opinion (87-6796) 109, 487 Spaniol, Joseph F. retired as Clerk effective February 1, 1991, remarks by Chief Justice 487 Suter, William K. appointed Clerk effective February 1, 1991 475 Thomas, J. nominated July 8, 1991 to succeed Marshall, J. Thornburgh, Dick, Attorney General, argued case (90- 5721); resigned August 15, 1991 669 ARGUMENTS: Motion to expedite oral argument granted (90-1126, 90-1435) 869 ATTORNEYS: Application for readmission to Bar denied 147 Attorney invited to brief and argue in support of judgment below (90-368) 413 Attorney permitted to resign (D-692; D-934; D-969; D-987) 272, 343, 618, 693 Due to mistaken identity, suspension order vacated and Rule to Show Cause discharged (D-997) 794 IV ATTORNEYS - Continued page Fees allowed attorney in amount of $5000. Opinion per curiam (No. —— ) 387 Motion for appointment of counsel granted (89-1632; 89-1862, 89-1944, 89-7691; 90-5193; 90-5319; 90-68; 90- 5744; 90-1074, 90-6352; 90-6297; 90-6531; 90-6105) 190, 191, 192, 273, 306, 389, 540, 649, 673, 844 Motion for reconsideration of application for admission to Bar denied (No. ) 794 Motion for reinstatement to Bar denied without prejudice (D-837) 4 Show cause order discharged and suspension order vacated (D-951) 438 BRIEFS: Motion to dispense with printing portion of appendix to pe- tition granted (No. -) 342 Motion to strike non-record material granted and respond- ent directed to reprint brief (89-7272) 191 CERTIORARI: Certiorari granted on Friday and parties directed to brief and argue additional questions; order amended. Dissent- ing statement by Stevens, J. (90-5721) 435, 489 Court having voted to deny certiorari when stay of execu- tion was denied, certiorari denied (90-5195) 95 Motion to amend petition granted (90-7381) 754 Motion of respondents to direct Clerk to refuse to file cer- tiorari petition granted (No. ) 753 Parties directed to brief and argue additional questions (90-615, 90-762) 413 Petition for certiorari modified (90-967) 571 Pro se petition granted (90-6352; 90-6297; 90-6531) 441, 541, 619 Opinion respecting denial of certiorari (90-7469) 784 Order granting certiorari amended (90-6531) 673 Orders granting cases released on Friday 409 Vacate and remand to clarify jurisdictional issue presented by Solicitor General in his amicus curiae brief (90-1167) 841 V CERTIORARI - Continued page Vacate and remand in light of CA opinion to be filed (90-324) 538 Vacate and remand in light of position asserted by Attor- ney General of Arizona (90-5550) 305 Vacate and remand in light of position presently asserted by Solicitor General (90-308; 90-552; 90-6835) 305, 411, 672 COSTS: Motion for attorney's fees denied without prejudice to filing in CA (90-456; 90-515) 649, 673 Motion to proceed in forma pauperis denied. Opinion per curiam (90-6051; 90-7225, 90-7226, 90-7296) 341, 671 JUDGMENTS AND OPINIONS: Granted case summarily remanded (90-605) 438 Judgment affirmed by equally divided Court. Opinion per curiam (89-1363; 88-1847) 428, 747 Judgment of CA reversed, case remanded to USDC with instructions to remand to state court (90-89) 746 Motion to dismiss writ as improvidently granted denied; writ dismissed as improvidently granted. Opinion per curiam (89-1944) 227, 428 Opinion of Court authored by two Justices in parts (89-839) 589 Same opinion concurring in part, dissenting in part filed in two different cases (89-1926, 89-1965) 645 Writ dismissed as improvidently granted as to remaining questions not addressed in opinion of Court (89-5961) ... 427 MISCELLANEOUS: Injunction in Voting Rights Act case granted in part; modified (A-327) 223, 239 ORIGINAL CASES: 8 Orig. — Special Master appointed 262 9 Orig. — Report of Special Master filed, supplemental decree entered. Motion of Special Master for compensation and award of expenses granted. Special Master Walter P. Arm- strong, Jr., discharged 225, 439 VI ORIGINAL CASES -Continued page 65 Orig. — Final Report of River Master adopted; motion for approval of fees and expenses granted; motion of Special Master for compensation and award of expenses granted and Special Master Monte Pasco discharged ..... 4, 322, 413, 439, 673 105 Orig. — Motion of Special Master for fees and expenses granted 190 106 Orig. — Report of Special Master filed, briefing sched- ule set, motion for compensation and ex- penses granted; Exceptions set for argu- ment; argued; opinion filed 4, 413, 565, 761 108 Orig. —Motion of Special Master for fees and expenses granted 190, 774 109 Orig. — Report of Special Master filed, briefing schedule set; motion of Special Master for fees and expenses granted; Exceptions set for argument; motion for divided argument granted; argued; opinion announced; rehear- ing denied 226, 343, 439, 494, 644, 833, 908 111 Orig. — Motion of New Jersey, North Dakota and Wyo- ming for leave to file complaint in interven- tion referred to Special Master; Interim Re- port of Special Master and fee application approved; motion of South Carolina for leave to intervene referred to Special Master; mo- tion of Alaska and Vermont for leave to in- tervene referred to Special Master; motion of Georgia and Maine for leave to intervene referred to Special Master 5, 112, 149, 272, 843 112 Orig. — Report of Special Master filed, briefing sched- ule set; motion of Special Master for fees granted; proposed briefing schedule adopted; Exceptions set for argument in due course 5, 112, 519, 818 t VII ORIGINAL CASES -Continued p age 113 Orig. — Report of Special Master granted and decree entered; motion of Special Master for fees and expenses granted and Special Master Walter P. Armstrong, Jr., discharged 226, 439 117 Orig. — Leave to file bill of complaint denied 539 118 Orig. —Leave to file bill of complaint granted; briefing schedule set as long as parties file stipula- tion of facts. Case to be heard orally; brief- ing schedule modified 595, 868 907 PARTIES: Leave granted United States to intervene; judgment va- cated and remanded (89-1784) 112, 245 Leave to proceed in forma pauperis without affidavit of in- digency granted (No. ; No. ; No. ; — ; No. — No. ; No. 90-1282; No. ; No. ) 147, 190, 342, 438, 594, 632, 794 Motion to substitute granted (89-1696) 191 REHEARINGS: Leave to waive Rule 44. 1 denied (89-700) 97 RULES: Rule 39 amended effective July 1, 1991. Opinion per curiam, two dissenting opinions 671 Rules of Civil Procedure amended 691 Rules of Criminal Procedure amended 691 Rules of Evidence amended 691 Rules of Appellate Procedure amended 691 Bankruptcy Rules amended 691 STAYS: Motion to vacate stay entered May 2, 1988 granted (87-1821) 513 Respondents directed to file responses to application and petition (90-767); certiorari and application denied on Sunday 263, 267 Stay of execution granted provided stay remains in effect to allow CA to consider further in light of opinion an- nounced same dav (A-971) 859 VIII CONCLUSION: Pa,e Call of Calendar suspended; last case argued April 24, 1991 661, 669 Announcement that all remaining opinions will be released June 27, 1991; closing remarks by Chief Justice. Last Order List released June 28, 1991* 858, 864, 865 Last order of Term entered September 25, 1991 957 (JOURNAL MONDAY. OCTOBER 1. 199C 1 SUPREME COURT OF THE UNITED STATES Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy.