My original Conference vote was to affirm, and it was of course on that basis that you assigned the opinion to me. As I tentatively indicated to the Conference a week or so ago and in later conversation with you, subsequent work on such an opinion brought me serious misgivings, and I am now convinced that the conviction should be reversed. I attach a memorandum setting forth the reasons that have brought me to this conclusion.
Harlan, J.M. Correspondence from Harlan to Burger, Clay v. United States, 403 U.S. 698 (1971). Box 367, Harry A. Blackmun Papers, Manuscript Division, Library of Congress, Washington, D.C.