OCTOBER TERM, 1984 Reference Index Contents: Page Statistics ii General iii Appeals Ill Arguments iii Attorneys iv Briefs iv Certiorari v Costs and Damages v Judgments and Opinions v Miscellaneous vii Original Cases vii Parties viii Rehearings viii Rules VIII Stays vui Conclusion ix (I) II STATISTICS AS OF JULY 2, 1985 In F'orms Paid Original Pauperis Total Cases Cases Number of cases on docket ............. 15 2,575 2,416 5,006 Cases disposed of 8 2,175 2,078 4,261 Remaining on docket 7 400 338 745 Cases docketed during term: Paid cases 2,036 In forma pauperis cases , 2,007 Original cases 4 Total 4,047 Cases remaining from last term 959 Total cases on docket 5,006 Cases disposed of 4,261 Number remaining on docket 745 Petitions for certiorari granted: In paid cases 130 In in forma pauperis cases *18 Appeals granted: In paid cases 37 In in forma pauperis cases , 0 Total cases granted plenary review 186 Cases argued during term 175 Number disposed of by full opinions , 159 Number disposed of by per curiam opinions 11 Number set for reargument next term 1 Cases available for argument at beginning of term 80 Disposed of summarily after review was granted 9 Original cases set for argument 1 Cases reviewed and decided without oral argument **73 Total cases available for argument at start of next term 87 Number of written opinions of the Court 139 Opinions per curiam in argued cases 11 Number of lawyers admitted to practice as of October 7, 1985: On written motion 2,964 On oral motion 1,260 Total 4,224 *Does not include No. 85-5319 **Does not include No. 85-97 Ill GENERAL: Page Court convened to announce beginning of October Term 1984 on October 1, 1984 1 Court attended Inauguration of the President in Rotunda of the Capitol on January 21, 1985 373 Formal Inauguration held Sunday, January 20, 1985 in White House Reagan, Ronald W., Oath of President administered by Burger, C. J Bush, George H. W., Oath of Vice President adminis- tered by Stewart, J. (Retired) Austria, President and Members of Constitutional Court attended arguments 605 Foley, William E., announcement of retirement as Direc- tor of the Administrative Office of the United States Courts 800 Hazelton, Penny, served as Acting Librarian from March 28 to July 15, 1985 Jacobs, Roger F., resigned as Librarian March 27, 1985... Margeton, Stephen G., appointment order as Librarian.... 745 Mecham, L. Ralph, announcement and appointment order as Director of the Administrative Office of the United States Courts, effective July 15, 1985 799, 800 Meese, Edwin, III, Attorney General, presented to Court 532 Orders and opinions announced on Inauguration Day 1985 353 Powell, J., moved admission of son and daughter-in-law... 687 Spaniol, Joseph F., Jr., announcement and appointment order as Clerk 744, 800 Stevas, Alexander L., announcement of retirement as Clerk, July 31, 1985 800 APPEALS: Appeal dismissed as to one question; probable jurisdiction noted as to other question (84-1538) 678 Appeal from Special Court, Regional Rail Reorganization Act of 1973. Judgment affirmed (84-450) 289 Cross-appeal properly filed pursuant to 28 U. S. C. 1252 and Rule 12.4. Footnote 21 in opinion (83-1492 and 84-1633) 508 ARGUMENTS: Case argued by two former federal judges (83-1153) 114 IV ARGUMENTS—Continued Page Cases reargued (82-1913 and 82-1951; 83-712; 83-18) 87, 89, 91 Cases restored to calendar for reargximent (83-1894, 83-2161, 84-9; 84-468). Reargued.,.. 519, 540, 601, 603, 605 Case restored to calendar for reargument next Term (83-1807) 736 Leave granted for argument by amicus curiae. Four Jus- tices would deny motion (84-773) 736 Pro se argument by member of Bar of Court (84-231; 84- 592) 436, 512 Renewed motion to participate in oral argument as amicus curiae granted. Party ceded time (84-165) 384 Republic of France granted leave to argue as amicus curiae and case argued (83-1785) 291, 349 Three hours of argument scheduled for April 22, 1985, April 23, 1985, April 24, 1985 600 ATTORNEYS: Admission to Bar granted. Dissenting opinion by Chief Justice (No. ; No. ) 558, 782 Appointment of counsel (83-935; 83-5954; 84-5004; 83-1748; 84-5059; 84-5108; 83-2146; 84-48, 84-438, 84-465; 83- 1750; 83-2143, 84-320; 84-755; 84-1023; 84-786; 84-5636; 84-836; 84-1103; 84-1321; 84-1361; 84-6646; 84-1288; 84-1480; 84-1513; 84-1531, 84-1539) 9, 11, 148, 176, 199, 219, 248, 270, 291, 292, 386, 484, 519, 520, 541, 609, 631, 677, 692, 713, 714, 755, 783 Appointment of counsel denied. Attorney invited to brief and argue as amicus curiae. Case argued (83-529) .... 9, 243 Motion to disqualify counsel denied (84-724) 539 Readmission to Bar of Court denied (No. ; No. ; 84-390, No. ) 7, 232, 327 Request to resign as member of Bar allowed (D-437; D-446; D-474) 8, 147, 608 Suspension vacated. Rule to Show Cause discharged (D-475) 558 BRIEFS: Brief to be filed after argument by leave of Court (83-1020) 115 Leave to file consohdated amicus curiae brief in excess of page limitation denied (84-648 and 84-822) 386 V BRIEFS—Continued Page Leave to file joint appendix that did not comply with Rules denied (84-312) 385 Leave to supplement joint appendix granted (84-310) 559 Leave to supplement record granted (84-822) 608 Motion to exclude documents from joint appendix denied (84-1360) 713 Motion to strike brief of amicus curiae denied (84-1244).. 520 Motion to strike portions of brief denied (83-1427) 10 CERTIORARI: Certiorari granted. Judgment (USCA) vacated and case remanded in light of the Deficit Reduction Act of 1984, Pub. L. No. 98-369 (83-1963) 326 Certiorari granted. Judgment (USCA) vacated and case remanded in light of Solicitor General's present interpre- tation of federal rules (83-2082, 84-5412) 146, 268 Certiorari granted. Judgment (USCA) vacated and case remanded to USCA to dismiss as moot (84-823) 355, 540 Certiorari granted. Judgment (USCA) vacated prior to argument in light of assertions set forth in motion to vacate (84-5636) 441, 630 Certiorari granted. Parties requested to address addi- tional question (83-1624) 249 Certiorari with appendix filed under seal denied (84-5411) 287 Leave to file petition without affidavit of indigency denied (No. ) 518 Military Appeals Court. First summary disposition (84-1015) 607 Order entered amending grant of certiorari (84-5555) 478 Order granting certiorari vacated, petition for certiorari dismissed. Respondent died (84-501) 557 COSTS AND DAMAGES: Motion for award of costs and attorneys' fees denied (84-382; 83-1950; 84-1291) 160, 176, 643 Motion for damages denied (83-1839; 84-252) .76, 183 Motion to retax costs granted (82-1889) 782 Opinion respecting award of damages pursuant to Rule 49.2 against counsel of record (84-18 and 84-337) 515 Respondents denied leave to proceed further herein in forma pauperis (83-529) 9 Retaxation of costs denied (83-558; 83-703 and 83-1031) 9, 713 VI JUDGMENTS AND OPINIONS: Page Judgments: Judgment (USDC) affirmed as to constitutionality of stat- ute; reversed as to standing (83-1032 and 83-1122) 507 Judgment (USCA) affirmed with respect to finding of liabil- ity under federal law, and reversed with respect to the exercise of ancillary jurisdiction over counties' cross- claim for indemnification (83-1065 and 83-1240) 475 Judgment (USCA) in granted case summarily vacated and case remanded for consideration in light of new statute (84-55) 268 Judgment (USCA) reversed insofar as it upheld the Dis- trict Court's denial of motion to compel arbitration (83-1708) 475 Judgment (USCA) vacated and case remanded for re- consideration in light of new statute "and other events occurring" since USCA entered judgment (84-1398) .... 661 Judgment (USCA) vacated and case remanded with in- structions that USDC vacate one conviction (84-5004).. 535 Judgment (USCA) vacated and case remanded with in- structions to dismiss appeal for want of jurisdiction (84-127) 749 Opinions: Appeal dismissed. Treating the papers as petition for certiorari, certiorari granted, judgment (USCA) vacated in opinion per curiam (84-1440) 629 Appeals dismissed in opinion of Court. Treating the papers as petitions for certiorari, certiorari granted, judgment affirmed (84-237, 84-238 and 84-239) 795 Judgment affirmed by equally divided Court. Opinion per curiam (83-2030, 83-6663; 84-16, 84-249, 84-277; 83-2126, 84-5059; 83-1944) 535, 537, 555, 750 Judgment announced and opinion delivered by Justice Powell, joined by two other Justices (83-18) 775 Judgment (State Court) summarily reversed in opinion per curiam (83-1367; 83-6775; 84-5332; 84-914) 197, 217, 267, 461 Judgment (USCA) summarily reversed in opinion per curiam (84-1165) 629 Judgment (USCA) summarily vacated in granted cases before argument in opinion per curiam (83-1045 and 83-5878) 217 VII JUDGMENTS AND OPINIONS—Continued Page Opinions—Continued Judgment (USCA) reversed in opinion per curiam. Leave granted to supplement record (84-690) 481 Motion for clarification of opinion denied (83-1452) 595 National League of Cities v, Usery, 426 U.S. 833 (1976) overruled in reargued cases (82-1913 and 82-1951) 432 Opinion per curiam in argued cases (82-1889; 84-822) . 585, 796 Writ dismissed as moot. Opinion per curiam (83-963)..... 322 MISCELLANEOUS: Leave to treat notice of appeal as petition for certiorari denied (No. ) 198 ORIGINAL CASES: 9 Orig. —Exceptions to Report of Special Master set for oral argument; divided argument granted; ar- gued; opinion issued and parties to submit proposed decree 8, 147, 242, 457 27 Orig.