I spent last evening reviewing the various circulations that have been made respecting the disposition of this ease. In light of the variety of views that have been expressed at our recent Conferences, and looking at the matter from an institutional standpoint, I have come to the view that the most satisfactory disposition of the case would be that suggested In the proposed order embodied in Mr. Justice Marshall's circulation of October 27, preceded by the preamble of your circulations of October 25 and 27, but unaccompanied by an opinion as suggested in your second circulation of yesterday. I think, however, that both the Marshall order and preamble should be modified along the lines indicated below.
Harlan, J.M. Correspondence from Harlan to Burger, Alexander v. Holmes County Bd. of Educ., 396 U.S. 19 (1969). Box 367, Harry A. Blackmun Papers, Manuscript Division, Library of Congress, Washington, D.C.