Because I really did not intend to indicate an answer to the question raised in Part III of my separate opinion, but merely to suggest that the issue should not be ignored, I agree with Potter that it would be appropriate to follow the second alternative suggested in your recent memorandum. If that course is followed, I would, of course, withdraw Part III of my opinion.
Stevens, J.P. Correspondence from Stevens to Rehnquist, Codd v. Velger, 429 U.S. 624 (1977). Box 367, Harry A. Blackmun Papers, Manuscript Division, Library of Congress, Washington, D.C.