When you first circulated your proposed disposition of this case, I wrote you that I would have preferred to see the case disposed of as discussed at the Conference, but probably would not dissent if your opinion carried the day. Since then John has circulated a concurring opinion reaching the merits which I find less acceptable than your proposed disposition. I therefore join your proposed opinion.
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.