Document 23I: Chief Justice Warren E. Burger, memorandum to Justice William J. Brennan Jr., 7 March 1973, Part I: Case File, 1956-1990, Box 299, Folder 11, Papers of William J. Brennan, 1945-1998, Library of Congress, Washington, D.C.

Supreme Court of the United States
Washington, D. C. 20543


March 7, 1973

Re: No. 71-1694 - Frontiero v. Richardson

Dear Bill:

   I have watched the "shuttlecock" memos on the subject of Reed v. Reed and the "suspect" classification problem.

   Some may construe Reed as supporting the "suspect" view but I do not. The author of Reed never remotely contemplated such a broad concept but then a lot of people sire offspring unintended! At some point, I will perhaps join someone who expresses the narrow view expressed by Potter, Harry and Lewis.



Mr. Justice Brennan

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