10.6.1: Case Files 1972-1987

Containers:

Box-folder 365-685/

Scope and content:

For the contents of these boxes, see this spreadsheet at the Powell Archives website.

The series Case Files include most of the cases in which writs of certiorari were granted(i.e., cases the court agreed to hear) during Powell's fifteen and one half years on the court. Cases not documented are those from which Powell recused himself or those in which he did not participate because of absence from the court due to illness. In all, there are approximately 2500 cases (140 cu.ft.) here. Powell wrote in some 500 opinions. In about half of these cases, Powell wrote the majority opinion. The remainder were concurring and dissenting opinions.

It is important to note that most cases in which writs of certiorari were denied or that were disposed of by per curium order are most often not documented here except as they are mentioned in the "order lists" discussed below. Records of these cases were destroyed in routine records maintenance by order of Justice Powell.

The files are arranged by Supreme Court terms. Note, however, that cases are often granted certiorari during one term, but decided in the next term. (Thus case 82-206 is found in October Term 1983 -- the term during the decision in the case was announced.) Additionally special application cases -- often involving stays of execution -- are found in each term. Cases for which the Supreme Court has original jurisdiction - - cases which come directly to the Court without having been heard in a lower court -- are also included.

The documentation for each case varies from one thin folder to almost 2 feet of materials for the Bakke case. Forms of materials include: "pool" memoranda, docket sheets noting certiorari votes; bench memoranda prepared by clerks; bench notes from the hearing of oral arguments; notes from the Justices' private conferences; inter-chamber correspondence; drafts of opinions; printing of draft opinions; and printed "slip" opinions. News clippings were sometimes added to the files by Powell chambers staff.

Arrangement:

The files are arranged by Supreme Court terms which begin each October and typically end in June (e.g., a decision announced at the end of October Term 1975 would be rendered in May or June 1976). Within each term, the cases are arranged by Supreme Court docket number.

Access and use