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 , not because a failure to do so would prevent us from noting it, but because his having done so might have alerted us to the problem.
Rehnquist, W.H. Correspondence from Rehnquist to White, Beltran V. Myers, 451 U.S. 625 (1981). Box 367, Harry A. Blackmun Papers, Manuscript Division, Library of Congress, Washington, D.C.