Criminal Law Commons^™

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.

06-21-1983 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.

06-09-1983 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.

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.

Insurance And The Price Of Sex, David Seligman

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

One of the strangest issues you will have to make up your mind about this year i an entry that's usually labeled sex discrimination in insurance. At the moment, the moral high ground seems to be controlled by those who believe there's a big, big problem out there and that government must provide a solution. However, a case can be made for viewing the issue as a big, big nonproblem.

11-20-1982 Preliminary Memorandum, Rochelle C. Dreyfuss

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

SUMMARY: A voluntary deferred compensation plan allowed retiring employees to choose between three forms of payments, including an annuity bought by petrs from independent insurance companies who use sex-based actuarial tables. The question is whether the employer has violated Title VII by offering this option

05-19-1981 Memorandum To The Conference, Lewis F. Powell

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

No. 79-2034, Blum v. Caldwell, was held for our decision in Beltran v. Myers. It involves the validity of a similar New York rule governing transfers of assets by "medically needy" recipients of Medicaid in that State. The rule bars applicants who have made such transfers for the purposing of obtaining eligibility, and creates a presumption that transfers made in the preceding 18 months were for this purpose.

05-18-1981 Justice Stewart, Dissenting, Potter Stewart

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

JUSTICE STEWART, with whom JUSTICE BRENNAN and JUSTICE MARSHALL join, dissenting.

05-18-1981 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 Courts of Appeals of Ohio reversed, finding the evidence insufficient to support petitioners' allegations of selective and discriminatory persecution. The case was remanded for trial. The Ohio Supreme Court affirmed. We granted certiorari. -U.S.- (1980). Because the decision of the Ohio Supreme …

05-18-1981 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.

05-18-1981 Justice Stevens, Dissenting, John Paul Stevens

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

JUSTICE STEVENS, dissenting.

05-18-1981 Justice Stevens, Concurring, John Paul Stevens

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

JUSTICE STEVENS, with whom JUSTICE BRENNAN, .JUSTICE WHITE, and JUSTICE MARSHALL join, concurring in the judgment.

05-13-1981 Correspondence From Stewart To Powell, Potter Stewart

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

Dear Lewis,

I am glad to join your opinion for the Court.

05-13-1981 Correspondence From Rehnquist To Powell, William H. Rehnquist

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

Dear Lewis:

When you first circulated your proposed disposition of this case, I wrote you that I would have preferred to see the case disposed of as discussed at the Conference, but probably would not dissent if your opinion carried the day. Since then John has circulated a concurring opinion reaching the merits which I find less acceptable than your proposed disposition. I therefore join your proposed opinion.

05-13-1981 Correspondence From Burger To Powell, Warren E. Burger

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

Dear Lewis:

I join.

05-06-1981 Justice Stevens, Concurring, John Paul Stevens

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

JUSTICE Stevens, with whom JUSTICE BRENNAN, JUSTICE WHITE, and JUSTICE MARSHALL join, concurring in judgement.

05-05-1981 Correspondence From White To Stevens, Byron R. White

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

Dear John,

Please add my name to your concurring opinion in this case.

05-05-1981 Correspondence From Marshall To Stevens, Thurgood Marshall

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

Dear John:

Please add me to your opinion.

01-04-1981 Correspondence From Brennan To Stevens, William J. Brennan

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

Dear John:

Please join me.

05-04-1981 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.

05-02-1981 Correspondence From Powell To Rehnquist, Lewis F. Powell

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

Dear Bill:

I agree that we could DIG this case, and if this is the wish of five other Justices I will be happy to circulate a draft to this effect.

05-01-1981 Correspondence From Stewart To Powell, Potter Stewart

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

Dear Lewis, It seems to me that Bill Rehnquist's explanation of his continuing preference for a "dismiss as improvidently granted" has considerable merit. I do not, however, feel strongly about the matter.