The problem which you raise with respect to the subject of the draft opinion in this case is a real one, but I am unsure of whether we should deal with it here. As you point out, respondent here sought only damages and reinstatement, and therefore we are not directly presented with the question which would be raised if he had in addition sought a delayed Roth hearing by the employer. The precise disposition of his case, had he sought only that sort of a hearing and neither damages nor reinstatement, is to my mind a cloudy and difficult question; it may be the disposition you propose is right, but while I would be happy to reserve the question I would rather not decide it now.
Rehnquist, W.H. Correspondence from Rehnquist to Marshall, Codd V. Velger, 429 U.S. 624 (1977). Box 367, Harry A. Blackmun Papers, Manuscript Division, Library of Congress, Washington, D.C.