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05-01-1981 Correspondence From Rehnquist To Powell, William H. Rehnquist

Beltran v. Myers, 451 U.S. 625 (1981)

Dear Lewis:

While I do not feel strongly about the matter, it seems to me that a "dismiss as improvidently granted" would still be the preferable treatment in this case . In view of the Boren-Long Amendment, the case has no future significance when that Amendment comes into effect, and therefore we would simply be allowing a selected group of people to argue to the Court of Appeals that one view rather than another as to the "transfer of assets" provision should apply to them . I probably would not dissent from your Per Curiam circulated April 30th if it …

05-01-1981 Correspondence From Blackmun To Powell, Harry A. Blackmun

Beltran v. Myers, 451 U.S. 625 (1981)

Dear Lewis:

I go along.

04-30-1981 Justice Powell, Per Curiam, Lewis F. Powell

Beltran v. Myers, 451 U.S. 625 (1981)

We granted a writ of certiorari to review a decision of the United States Court of Appeals for the Ninth Circuit , holding that California's "transfer-of-assets" statute applicable to "medically needy" recipients of Medicaid benefits does not conflict with governing federal law . Dawson v. Myers, 622 F.2d 1304 (CA9 1980). Petitioner is an individual considered "medically needy" under California's Medicaid plan, who represents the class of all such persons who have been denied Medicaid benefits because of previous transfers of assets for less than full consideration.

04-30-1981 Memorandum To The Conference, Lewis F. Powell

Beltran v. Myers, 451 U.S. 625 (1981)

The Chief requested me to draft a Per Curiam opinion that would DIG this case.

04-15-1981 Justice Correspondence, Unknown

Flynt v. Ohio, 451 U.S. 619 (1981)

Justice White's opinion reaches the proper result in this case. It might have been better to discuss Abney v. United States, which holds that rejections of double jeopardy claims are immediately appealable in federal cases because the Clause
protects against being subjected to a trial. Abney relied in part on Harris v. Washington, 404 U.S. 55 (1971), which held that state court rejections of double jeopardy claims are "final'' within the meaning of 28 u.s.c. §1257. I think the opinion is O.K. as it is, however. It is possible that a dissent, if there is one, will rely upon Abney, …

04-15-1981 Correspondence From Rehnquist To White, William H. Rehnquist

Flynt v. Ohio, 451 U.S. 619 (1981)

Dear Byron:

Please join me in your Per Curiam.

04-15-1981 Justice White, Per Curiam, Byron R. White

Flynt v. Ohio, 451 U.S. 619 (1981)

On July 14. 1976, criminal complaints were issued against petitioners charging them with disseminating obscenity in violation of Ohio Rev. Code Ann. 2907.32. The Municipal Court granted petitioners' motions to dismiss the complaints on the ground that petitioners had been subjected to selective and discriminatory prosecution in violation of the Equal Protection Clause of the Fourteenth Amendment. The Court of Appeals of Ohio reversed, finding the evidence insufficient to support petitioners' allegations of selective and discriminatory prosecution. The case was remanded for trial. The Ohio Supreme Court affirmed. We granted certiorari. -U.S.- (1980). Because the decision of the Ohio Supreme …

03-28-1981 Correspondence From Powell To Burger, Lewis F. Powell

Beltran v. Myers, 451 U.S. 625 (1981)

Dear Chief:

At Conference yesterday, I stated that I might be persuaded to join a DIG, although I agreed with Bill Brennan on the merits.

03-27-1981 Notes From Oral Argument, Harry A. Blackmun

Beltran v. Myers, 451 U.S. 625 (1981)

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

03-27-1981 Notes From Oral Argument, Harry A. Blackmun

Flynt v. Ohio, 451 U.S. 619 (1981)

The thoughts of all of the Justices are recorded.

03-24-1981 Notes From Oral Argument, Harry A. Blackmun

Flynt v. Ohio, 451 U.S. 619 (1981)

Harry A. Blackmun's handwritten notes.

03-24-1981 Notes From Oral Argument, Harry A. Blackmun

Beltran v. Myers, 451 U.S. 625 (1981)

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

03-22-1981 Notes From Oral Argument, Harry A. Blackmun

Flynt v. Ohio, 451 U.S. 619 (1981)

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

03-21-1981 Correspondence To Blackmun, Unknown

Beltran v. Myers, 451 U.S. 625 (1981)

Here is some light Sunday reading for you. I apologize for the handwritten corrections; ATEX went "down" before I could finish proofreading this monster.

03-18-1981 Correspondence From Rehnquist To White, William H. Rehnquist

Beltran v. Myers, 451 U.S. 625 (1981)

As you know , we have discussed with one another the possible jurisdictional problems in this case, and I would be the first to admit that it is an extremely "close call" if we were to say that the Court has jurisdiction under 28 U.S.C. § 1257, which I believe is the only general statute giving us jurisdiction over "final judgments or decrees rendered by the highest court of a State in which a decision could be had. " I am troubled by the fact that the respondent did not raise this point in his memorandum in opposition to certiorari …

01-21-1981 Preliminary Memorandum, Unknown

Beltran v. Myers, 451 U.S. 625 (1981)

SUMMARY: On Nov. 3, the Court granted cert limited to the question of whether California's application of a transfer of assets rule to its medically needy aged, blind, and disabled applicants for Medicaid, resulting in the denial of assistance to individuals otherwise eligible, contradicts the applicable portions of the Social Security Act and thus violates the Supremacy Clause. On Dec. 23, the President signed legislation that will explicitly permit states to employ a transfer of assets rule to applicants for Medicaid. Petr seeks summary reversal and remand on the ground that the new legislation confirms that Calif.'s application of a …

09-09-1980 Preliminary Memorandum, John E. Sexton

Beltran v. Myers, 451 U.S. 625 (1981)

SUMMARY: This class action challenges the validity under federal law of California's "transfer-of-assets" rule governing eligibility for Medi-Cal benefits. It is straight-lined with Barbara Blum v Ethel Caldwell, 79-2034, which involves the New York "transfer-of-assests" rule.

04-22-1980 Per Curiam, Potter Stewart

Williams v. Brown, 446 U.S. 236 (1980)

The judgment of the Court of Appeals is vacated and the case is remanded to that court for further proceedings in light of the decision of the Court announced today in City of Mobile v. Bolden, ante, p.

It is so ordered.

04-09-1980 Correspondence From Rehnquist To Stewart, William H. Rehnquist

Williams v. Brown, 446 U.S. 236 (1980)

Dear Potter:

Please join me.

04-08-1980 Per Curiam, Potter Stewart

Williams v. Brown, 446 U.S. 236 (1980)

The judgment of the Court of Appeals is vacated and the ease is remanded to that court for further proceedings in light of the decision of the Court announced today in the City of Mobile v. Bolden, ante, at.

It is so ordered.

10-31-1979 Internal Memo, Unknown

Williams v. Brown, 446 U.S. 236 (1980)

The thoughts of the Justices are recorded.

03-21-1979 Clerk Memo, Luther Munford

Williams v. Brown, 446 U.S. 236 (1980)

Both the CAS's judgment and the complaint, App. 3a, 5a, list Leila G. Brown, et at., as plaintiffs, and Robert R. Williams, et al., as defendants.

Therefore a vote to affirm is a vote to uphold the finding of dilution and in favor of the plaintiffs.

05-16-1977 Per Curiam, Potter Stewart

Chappelle v. Greater Baton Rouge Airport Dist., 431 U.S. 159 (1977)

The judgement is reversed. Turner v. Fouche, 396 U.S. 346, 361-364.

05-05-1977 Justice Stewart, Per Curiam, Potter Stewart

Chappelle v. Greater Baton Rouge Airport Dist., 431 U.S. 159 (1977)

The judgment is reversed. Turner v. Fouche, 396 U.S. 346, 361-364.

05-03-1977 Correspondence From Brennan To Burger, William J. Brennan

Chappelle v. Greater Baton Rouge Airport Dist., 431 U.S. 159 (1977)

Dear Chief:

I agree with Potter's proposed disposition of the above.

05-03-1977 Correspondence From Stewart To Burger, Potter Stewart

Chappelle v. Greater Baton Rouge Airport Dist., 431 U.S. 159 (1977)

Since this case hardly rises to the level of a "peewee," since it is late in the Term, and since the vote at our Conference was quite one-sided, I suggest that it might appropriately be disposed of in a one-sentence order along the following lines:

04-27-1977 Notes From Oral Argument, Harry A. Blackmun

Chappelle v. Greater Baton Rouge Airport Dist., 431 U.S. 159 (1977)

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

04-25-1977 Notes From Oral Argument, Harry A. Blackmun

Chappelle v. Greater Baton Rouge Airport Dist., 431 U.S. 159 (1977)

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

04-19-1977 Justice Brennan, Per Curiam, William J. Brennan

Darden v. Florida, 430 U.S. 704 (1977)

MR. JUSTICE BRENNAN, with whom MR. JUSTICE MARSHALL joins, dissents and, adhering to his view that capital punishment is in all circumstances prohibited as cruel and unusual punishment by the Eighth and Fourteenth Amendments, would set aside the death sentence imposed in this case.

04-13-1977 Chief Justice, Per Curiam, Warren E. Burger

Darden v. Florida, 430 U.S. 704 (1977)

The writ of certiorari is dismissed as improvidently granted.