I like most of your proposed per curiam in the above case and would be delighted to join it if you would take out the clause on page 3 saying: "Although beliefs are by no means irrelevant to action or prediction of the future acts." With this deletion I shall join the opinion enthusiastically. Otherwise I regret I shall have to concur in the judgement, noting my disagreement as above.
Black, H.L. Correspondence from Black to Burger, Connell v. Higginbotham, 403 U.S. 207 (1971). Box 367, Harry A. Blackmun Papers, Manuscript Division, Library of Congress, Washington, D.C.