I must confess to finding myself a little uncomfortable with your proposed per curiam. I am not convinced that the passages from the Department of Justice advice letter have the same import in context as they do in the order in which they appear on page four of your opinion. In addition, I am inclined to think that the opinion pushes the Government's concession, before us further than they were intended to reach.
Harlan, J.M. Correspondence from Harlan to Stewart, Clay v. United States, 403 U.S. 698 (1971). Box 367, Harry A. Blackmun Papers, Manuscript Division, Library of Congress, Washington, D.C.