Supreme Court of the United States
Washington, D. C. 20543CHAMBERS OF
JUSTICE POTTER STEWARTFebruary 16, 1973
71-1694 - Frontiero v. Laird
Dear Bill,
I see no need to decide in this case whether sex is a "suspect" criterion, and I would not mention the question in the opinion. I would, therefore, eliminate the first full paragraph on page 5, and substitute a statement that we find that the classification effected by the statute is invidiously discriminatory. (I should suppose that "invidious discrimination" is an equal protection standard to which all could repair, even though the dissenters would not find such discrimination in this case.)
Sincerely yours,
P. S.
Mr. Justice Brennan
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