OCTOBER TERM, 1989 Reference Index Contents: Page Statistics n General m Appeals in Arguments in Attorneys in Briefs iv Certiorari iv Costs v Judgments and Opinions v Miscellaneous v Original Cases v Parties vi Records vi Rehearings vi Rules vi Stays vi Conclusion vn (i) II STATISTICS AS OF JUNE 28, 1990 In Forma Paid Oripnal Pauperis Total Cases Cases Number of cases on docket 14 2,416 3,316 5,746 Cases disposed of 2 2,051 2,879 4,932 Remaining on docket 12 365 437 814 Cases docketed during term: Paid cases 2,032 In forma pauperis cases 2,885 Original cases 1 Total 4,918 Cases remaining from last term 828 Total cases on docket 5,746 Cases disposed of 4,932 Number of remaining on docket 814 Petitions for certiorari granted: In paid cases 100 In in forma pauperis cases 19 Appeals granted: In paid cases 3 In in forma pauperis cases 0 Total cases granted plenary review 123* Cases argued during term 146 Number disposed of by full opinions 143 Number disposed of by per curiam opinions 3 Number set for reargument next term 0 Cases available for argument at beginning of term 81 Disposed of summarily after review was granted 1 Original cases set for argument 1 Cases reviewed and decided without oral argument 79 Total cases available for argument at start of next term 57 Number of written opinions of the Court 129 Opinions per curiam in argued cases 3 Number of lawyers admitted to practice as of October 1, 1990: On written motion 4,623 On oral motion 1,173 Total 5,796 *Includes 74, Original. Ill GENERAL: page 1988 Term closed and 1989 Term convened October 2, 1989; adjourned October 1, 1990 1 Blackmun, J., assigned as Circuit Justice for 1st Circuit pending further order 829 Brennan, J., announces retirement on Friday, July 20, 1990, effective that date Chief Justice assigned as Circuit Justice for 1st and 3rd Circuit, effective July 20, 1990 pending further order; order vacated 825, 829 Goldberg, J., announcement of death on January 19, 1990. 357 Powell, J. (Retired), assigned to 11th Circuit for period September 19-20, 1990 919 Special sitting to commemorate 200th anniversary of first sitting of Court (Special poster issued) 343 Souter, David H., Circuit Judge, nominated to Court by President Bush on July 23, 1990 Stevens, J., assigned as Circuit Justice for the Third Cir- cuit pending further order 829 APPEALS: Motion to expedite consideration of appeals granted; probable jurisdiction noted (89-1433, 89-1434), ex- pedited briefing schedule set; cases argued; opinion announced 465, 523, 647, 734 ARGUMENTS: Motion granted— Attorney General of Arkansas to argue on behalf of two respondents. (88-7146) 285 Motion with respect to oral argument denied. (88-1595, 88-1771) 222 ATTORNEYS: Appointment of counsel order vacated, new counsel ap- pointed. (88-1972) 359 Appointment of counsel order vacated, new counsel ap- pointed to argue. (89-61) 285 Attorney died, Rule to Show Cause discharged. (D-807) 720 Counsel appointed. (88-7146; 88-1972; 88-6613, 88-7164, 88-7194, 89-189; 89-789; 89-260; 89-5867; 89-5011; 89- 5900; 89-839; 89-1433; 89-1434; 89-5916; 89-1363; 89-7272) 4, 143, 174, 360, 381, 470, 505, 543, 576, 648, 654, 797 IV ATTORNEYS - Continued page Dissent from disbarment order. (D-891) 797 Orders released after oral motions for admission enter- tained 193 Resignation accepted. (D-782; D-797; D-804; D-817; D-824; D-825; D-852; D-850; D-852; D-862; D-863; D-859; D-897; D-893; D-896) 100, 125, 271, 284, 328, 379, 469, 542, 575, 697, 746 Former Solicitor General Rex Lee presented argument. (88-493) 192 BRIEFS: Briefing on merits suspended for 120 days. (89-1027, 89-1028) 721 Leave granted inmate to dispense with printing reply brief. (89-1040) 505 Leave to file brief on reargument granted. (88-325) .... 173, 222 Leave to submit case on briefs denied. (88-1400) 142 Motion to strike brief of United States granted. (89-1104) 600 Respondents directed to file single brief. (89-61) 285 CERTIORARI: Certiorari granted, but Question Presented rephrased. (87-6700) 103 Certiorari granted and expedited briefing schedule set. (89-322: 89-393; 89-542; 89-453; 89-535; 89-700; 89-5691) 286, 287, 288 Certiorari granted and parties directed to brief and argue additional question. (89-7024; 89-7370) 698, 747 Leave to file copies of petition and appendix separately and out-of-time denied. (No. ) 358 Motion to defer granted; certiorari dismissed by parties on June 20, 1990. (89-579) 505 Pro se petition granted, vacated and remanded. See order. (89-486) 446 Pro se petition granted (89-5900); counsel appointed; motion of counsel to withdraw granted, remanded to CA8 507, 543, 719 Pro se petition granted and case remanded in light of posi- tion presently asserted by Solicitor General in his brief (89-1040); incarcerated petitioner allowed to dispense with printing 505, 541 V CERTIORARI - Continued paRe Rule 12.4 petition granted. (89-386) 144 Stay granted (A-452; A-503). Certiorari granted 284, 327 COSTS: Leave granted to proceed in forma pauperis without a notarized affidavit. (No. ; No. ; No. ; No. ) 284, 358, 745 Motion for attorney's fees granted and CA to determine fee. (87-1045; 87-1065; 87-1720) 101, 126 Motion for award of attorney's fees without prejudice. (88-243; 89-711) 429, 543 Motion for reimbursement of travel expenses for Court appointed attorney granted. (89-5900) 771 Motion to retax costs denied. (87-1387; 89-532) 2, 697 Motion to retax costs granted. (89-1622; 89-1697; 89-1711; 89-401) 101, 329 JUDGMENTS, MANDATES AND OPINIONS: Case summarily remanded to CA2 in light of position presently asserted by the Solicitor General. Opinion per curiam. (89-6985) 769 Judgment affirmed by equally divided Court. Opinion per curiam. (88-1640) 193 Judgment of CA vacated; decision of USDC with respect to Title 7 claims vacated and case remanded to CA. (88-334) 499 Orders of Court released after opinions announced 358 Writ of certiorari dismissed for want of jurisdiction in signed opinion of Court. (88-7146) 591 Writ of certiorari dismissed as improvidently granted. Opinion per curiam. (88-928) 125 MISCELLANEOUS: Motion to certify question of law to state court denied. (87-6700) 222 ORIGINAL CASES: 8 Orig. — Motion to reopen decree granted. Special Master appointed 101, 215 65 Orig. — Fees and expenses awarded River Master; fees and expenses of Special Master ap- I proved; joint motion for entry of stipulated judgment granted 2, 141, 359, 429 VI ORIGINAL CASES -Continued Pa?e 74 Orig. — Exceptions to Report of Special Master set for oral argument in due course; leave granted to file rebuttal brief; case argued; account- ing of Special Master approved and Special Master discharged; opinion announced, no costs allowed 2, 200, 284, 322, 359, 786 108 Orig. — Third motion of Special Master for fees and expenses granted 222 109 Orig. — Interim Report of Special Master filed, fees and expenses awarded 141, 697 111 Orig. — Leave to intervene referred to Special Master; leave to file amended complaint referred to Special Master 126, 142 116 Orig. — Leave to file bill of complaint denied 623 PARTIES: Leave to substitute parties granted. (88-1323; 88- 1480) 285, 329 RECORDS: Leave to supplement record granted. (88-2018) 272 REHEARINGS: Respondent invited to file response to petition for re- hearing within thirty days, stay of execution of sen- tence of death granted. (89-6324) (Death sentence later commuted) 837 RULES: Rules of Criminal Procedure amended 615 Rules of Evidence amended 375 Rules of Procedure for Trial of Misdemeanors before U. S. Magistrates abrogated 615 STAYS: Application to vacate stay of execution granted, opinion per curiam. (A-795; A-857) 621,693 Stay of execution granted; certiorari denied. (89-6213; 89-6785; 89-7005) 381, 463, 486, 506 Stay granted (A-452); certiorari granted. (89-1279 513 559, 284, 526 VII CONCLUSION: paPe Call of calendar suspended except for hearing of Flag Cases on May 14, 1990 586 Closing remarks by Chief Justice on June 27, 1990, orders to be released June 28, 1990 792 Last orders of Term entered September 21, 1990 917 (JOURNAL) MONDAY, OCTOBER 2, 1989 1 SUPREME COURT OF THE UNITED STATES Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. The Chief Justice said: "I have the honor to announce, on behalf of the Court, that the Octo- ber 1988 Term of the Supreme Court of the United States is now closed and that the October 1989 Term is now convened. Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally." Appeals— Summary Disposition No. 88-1891. M & M Construction Company, Inc., Appellant v. Great American Insurance Company. Appeal from the Court of Appeals of Texas, Thirteenth District. The appeal is dismissed for want of jurisdic- tion. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. No. 88-7460. Owen W. Crumpacker, Appellant v. Indiana, et al. Ap- peal from the Supreme Court of Indiana. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Certiorari— Summary Disposition No. 88-1770. Westinghouse Electric Corporation, Petitioner v. Equal Employment Opportunity Commission. On petition for writ of certiorari to the United States Court of Appeals for the Third Circuit.