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06-30-1983 Clerk Memo, Alan S. Madans

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

I agree with TM that all the held cases should be GVR'ed in light of Norris. Although it might be possible to deny 82-913 while GVR'ing 82-791, it would be better, in my view, to dispose of them jointly.

06-30-1983 Memorandum To The Conference, Warren E. Burger

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

It is desirable that we confer immediately after we rise Friday.

06-30-1983 Memorandum To The Conference, Thurgood Marshall

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

Perhaps the attached can serve as a basis for discussion tomorrow.

06-29-1983 Memorandum To The Conference, Thurgood Marshall

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

I have just received Sandra's opinion, "concurring in part" which does not concur in judgement. That means that I now have only three votes to join me in the judgement. At this late date, I do not have a court and so not know what to do at this stage. Any suggestions will be welcomed by me.

06-29-1983 Correspondence From Stevens To Marshall, John Paul Stevens

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

Dear Thurgood:

My suggestion is that we apply for group membership in "Alcoholics Affirmative".

06-29-1983 Memorandum To The Conference, Thurgood Marshall

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

For the reasons set forth below, I will vote to GVR all three of these cases in light of Norris.

06-28-1983 Memorandum To The Conference, Lewis F. Powell

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

In response to the revisions in the Court's opinion circulated today, I am making some changes in footnotes 6 and 7 of my dissent.

06-28-1963 Memorandum To The Conference, Lewis F. Powell

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

I will circulate - probably this afternoon - a response to Thurgood's revision of footnote 7.

06-28-1983 Memorandum To The Conference, Thurgood Marshall

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

In response to the revision in the footnote 7 of the dissent to include Arizona Stat, Ann. 20-448, I have revised the second and third paragraphs of the footnote 17 on pages 13 and 14 of my opinion to read as follows:

06-27-1983 Correspondence From Burger To Powell, Warren E. Burger

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

Dear Lewis:

I join.

06-27-1983 Clerk Memo, Alan S. Madans

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

I thought you might be interested in the brief article by Prof. Van Alstyne in this book. The article, written shortly after the Manhart decision, deals with the implications of that decision and supports the majority's result in Norris. TM's and SOC's clerks carne by to show me the article.

06-27-1983 Correspondence From Rehnquist To Powell, William H. Rehnquist

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

Dear Lewis:

Please join me in you dissenting opinion.

06-27-1983 Clerk Memo, Alan S. Madans

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

I just had a visit from SOC's clerk.. He told me that SOC is now on the fence in this case on the liability issue, and that there is no way she will join TM on the remedy issue even if she does join on liability. The clerk said that. SOC would be interested in hearing from you privately, perhaps with a view toward agreeing on a remedial approach if you are inclined to join TM on liability. SOC's view on the remedy is that only benefits tied in to post-Norris contributions should be affected. I told the clerk …

06-27-1983 Memorandum To The Conference, Lewis F. Powell

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

In response to changes in Thurgood's third draft circulated today, I have made some additions to footnote 7, p. 6-7.

06-27-1983 Correspondence From Blackmun To Powell, Harry A. Blackmun

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

Dear Lewis:

Please add my name to your dissenting opinion.

06-27-1983 Opinion Of The Court, Thurgood Marshall

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

JUSTICE MARSHALL, delivered the opinion of the Court.

06-21-1983 Clerk Memo, Alan S. Madans

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

I think LP has done a satisfactory job with the dissent, but I do not find ot persuasive on the liability question. LFP relies very heavily on the McCarran Ferguson Act, but the Court's decision does not regulate the business of insurance. Rather, the Court is using Title VII to regulate an employer's employment practices. The McCarran Ferguson Act has never permitted a State to authorize employment practices just because those practices involve insurance. Since the employer in Manhart was a self-insurer, LP's argument would have been much more appropriate in that case.

06-21-1983 Justice Powell, Dissenting, Lewis F. Powell

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

The Court holds that an employer may not offer its employees life annuities from a private insurance company that uses sex-based mortality tables. This holding will have a far-reaching effect on the operation of the insurance and pensions plans. Employers may be forced to discontinue offering life annuities, or potentially disruptive changes may be required in long-established methods of calculating insurance and pensions.

06-09-1983 Correspondence From Brennan To Marshall, William J. Brennan

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

Dear Thurgood,

I agree.

06-06-1983 Correspondence From Powell To Marshall, Lewis F. Powell

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

Dear Thurgood,

I am working on a dissent, and hope to get it out before too much longer.

01-05-1983 Justice O'Connor, Concurring, Sandra Day O'Connor

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

JUSTICE O'CONNOR, concurring.

06-03-1983 Correspondence From Stevens To Marshall, John Paul Stevens

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

Dear Thurgood:

Please join me.

06-03-1983 Correspondence From White To Marshall, Byron R. White

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

Dear Thurgood,

I agree.

06-02-1983 Clerk Memo, Alan S. Madans

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

This is the case involving a retirement plan that provides women with lower monthly annuity payments than similarly situated men. In my bench memo, I recommended affirming the CA9's holding that the plan violates Title VII. You voted the other way at Conference, but indicated that you might vote with the majority as a matter of stare decisis.

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03-30-1983 Notes From Oral Argument, Harry A. Blackmun

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

Harry A. Blackmun's handwritten notes from oral argument.

03-27-1983 Notes From Oral Argument, Harry A. Blackmun

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

Harry A. Blackmun's handwritten notes from oral argument.

03-23-1983 Notes From Oral Argument, Harry A. Blackmun

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

Harry A. Blackmun's handwritten notes from oral argument.

Three Combined Correspondences, Alan S. Madans, Sandra Day O'Connor, Harry A. Blackmun

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

A correspondence from Alan S. Madans to Justice Blackmun.

A correspondence from Justice Blackmun to Justice O'Connor, and a reply from Justice O'Connor to Justice Blackmun.