Document 23E: Justice William O. Douglas, memorandum to Justice William J. Brennan Jr., 3 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

CHAMBERS OF
JUSTICE WILLIAM O. DOUGLAS

March 3, 1973

Dear Bill:

RE: 71-1694, FRONTIERO v. RICHARDSON

   Lewis' position in his memo of March 2nd is understandable. There is a marked difference in point of view over sex classifications. For purposes of employment I think the discrimination is as invidious and purposeful as that directed against blacks and aliens. I always thought our 1874 decision which gave rise to the 19th Amendment was invidious discrimination against women which should have been invalidated under the Equal Protection Clause.

   This memo is designed only to make clear to you what one member of the Court thinks.

   There may be a way for you to sail between Scylla and Charibdis.

William O. Douglas

Mr. Justice Brennan

cc: Conference