Mr. Justice Harlan and I have not as yet indicated our votes in this case. Each of us is somewhat troubled and wonder whether the Florida certification procedure under Florida Appellate Rule 4.61, which the Court employed in Aldrich v. Aldrich, 375 U.S. 75 and 249 (1963) and 378 U.S. 540 (1964) and in Dresner v. City of Tallahassee, 375 U.S. 136 (1963) and 378 U.S. 539 (1964). would be of any assistance to us in this somewhat troublesome little case. Certification perhaps would accomplish directly what Mr. Justice Stewart has in mind and, in addition, might have the advantage of retaining jurisdiction here and of avoiding further cumbersome and time-consuming 3-judge procedure.
Blackmun, H.A. Memorandum to the Conference, Connell v. Higginbotham, 403 U.S. 207 (1971). Box 367, Harry A. Blackmun Papers, Manuscript Division, Library of Congress, Washington, D.C.