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01-26-1977 Justice Blackmun, Concurring, Harry A. Blackmun

Codd v. Velger, 429 U.S. 624 (1977)

I join the Court's per curiam, but I emphasize that in this case there is no suggestion that the information in the file, if true, was not information of a kind that appropriately
might be disclosed to prospective employers. We therefore are not presented with any question as to the limits, if any, on the disclosure of prejudicial, but irrelevant.
accurate information.

01-25-1977 Justice Brennan, Concurring, William J. Brennan

Codd v. Velger, 429 U.S. 624 (1977)

MR. JUSTICE BRENNAN, concurring.

I join the Court's opinion but add these words for emphasis.

01-21-1977 Clerk Memo, Unknown

Codd v. Velger, 429 U.S. 624 (1977)

Justice Brennan's clerk called to say that they might include the substance of your proposed footnote in their concurrence. They find themselves in somewhat of a hard place because apparently Justice Stewart had indicated to them that he might well join the concurrence. And as the circulation indicates, Stewart is opposed to the footnote. In any event, the concurrence from Brennan is to be expected early next week.

01-21-1977 Correspondence From Powell To Rehnquist, Lewis F. Powell

Codd v. Velger, 429 U.S. 624 (1977)

Dear Bill:

In view of the changes in your second draft, I am happy to join you Per Curiam.

01-27-1977 Correspondence From Blackmun To Rehnquist, Harry A. Blackmun

Codd v. Velger, 429 U.S. 624 (1977)

Would it be at all possible to persuade you to add the following as a footnote dropped at the end of the paragraph ending on the top of page 4:

01-21-1977 Correspondence From Stewart To Rehnquist, Potter Stewart

Codd v. Velger, 429 U.S. 624 (1977)

I would rather prefer that Harry's suggested footnote not be added to this opinion. If it were a full dress, signed opinion, then, in the interest of thoroughness, the thought expressed in the footnote might well be added, possibly along with the discussion of other related thoughts.

01-18-1977 Correspondence From Stewart To Rehnquist, William H. Rehnquist

Codd v. Velger, 429 U.S. 624 (1977)

Dear Bill,

I have been troubled by the same concerns that bothered Thurgood. If. however, you can reserve those puzzling questions along the lines indicated in your letter to Thurgood of today, I shall be glad to join your opinion.

01-18-1977 Correspondence From Rehnquist To Marshall, William H. Rehnquist

Codd v. Velger, 429 U.S. 624 (1977)

The problem which you raise with respect to the subject of the draft opinion in this case is a real one, but I am unsure of whether we should deal with it here. As you point out, respondent here sought only damages and reinstatement, and therefore we are not directly presented with the question which would be raised if he had in addition sought a delayed Roth hearing by the employer. The precise disposition of his case, had he sought only that sort of a hearing and neither damages nor reinstatement, is to my mind a cloudy and difficult question; …

10-14-1977 Correspondence From Marshall To Rehnquist, Thurgood Marshall

Codd v. Velger, 429 U.S. 624 (1977)

Your opinion for the Court faithfully reflects the conclusions of the Conference majority, of which I was a part. Seeing it in writing, however, has suggested some problems with which we did not deal.

01-07-1977 Correspondence From White To Rehnquist, Byron R. White

Codd v. Velger, 429 U.S. 624 (1977)

Dear Bill:

Please join me.

01-06-1977 Justice Rehnquist, Per Curiam, William H. Rehnquist

Codd v. Velger, 429 U.S. 624 (1977)

Respondent Velger's action shifted its focus in a way not uncommon to lawsuits, from the time of the filing of his complaint in the United States District Court for the Southern District of New York to the decision by the Court of Appeals for the Second Circuit which we review here. His original compliant alleged that he had been wrongly dismissed without a hearing or a statement of reasons from his position as as a patrolman with the New York City Police Department, and under 42 U.S.C. 1983, sought reinstatement and damages for the resulting injury to his reputation and …

01-06-1977 Clerk Memo, Unknown

Codd v. Velger, 429 U.S. 624 (1977)

This case originally seemed to present very substantial conceptual problems and it was inadequately briefed and argued. Justice Rehnquist has circulated a draft designed to postpone the problems by resting decision on the inadequacy of resp's pleadings.