While I do not feel strongly about the matter, it seems to me that a "dismiss as improvidently granted" would still be the preferable treatment in this case . In view of the Boren-Long Amendment, the case has no future significance when that Amendment comes into effect, and therefore we would simply be allowing a selected group of people to argue to the Court of Appeals that one view rather than another as to the "transfer of assets" provision should apply to them . I probably would not dissent from your Per Curiam circulated April 30th if it otherwise obtains a Court.
Rehnquist, W.H. Correspondence from Rehnquist to Powell, Beltran V. Myers, 451 U.S. 625 (1981). Box 367, Harry A. Blackmun Papers, Manuscript Division, Library of Congress, Washington, D.C.