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12-27-1972 Correspondence From Rehnquist To Stewart, William H. Rehnquist

Gomez v. Perez, 409 U.S. 535 (1973)

Dear Potter:

Please join me in your memorandum.

12-22-1972 Justice Stewart, Memorandum, Potter Stewart

Gomez v. Perez, 409 U.S. 535 (1973)

This case came here as an appeal, on the representation that Texas courts had sustained the constitutionality of 4.02. c. 4. of the Texas Family Code and Articles 602 and 602a of the Texas Penal Code, over a challenge to those statutes under the Equal Protection Clause of the Fourteenth Amendment. We noted probable jurisdiction, 408 U.S. 920, to consider whether the alleged discrimination between legitimate and illegitimate children in terms of the support obligations of their biological fathers denied equal protection to illegitimate children under the principles of Weber v. Actna Cas. & Surety Co., 406 U.S. 164. …

12-21-1972 Correspondence From Burger To White, Warren E. Burger

Gomez v. Perez, 409 U.S. 535 (1973)

Dear Byron:

There are four firm dissents to DIG in the above and I am reluctant to DIG a writ in that posture.

If you are willing to cast your dissent into a Per Curiam, you might pick up a few "new members'' since on the merits there will be support for that result.

12-18-1972 Justice White, Dissenting, Byron R. White

Gomez v. Perez, 409 U.S. 535 (1973)

MR. JUSTICE WHITE, with whom MR. JUSTICE DOUGLAS, MR. JUSTICE BRENNAN, and MR. JUSTICE MARSHALL join, dissenting.

12-15-1972 Correspondence From Douglas To White, William O. Douglas

Gomez v. Perez, 409 U.S. 535 (1973)

Dear Byron:

Please join me in your dissent in 71-575, Gomez v. Perez.

12-15-1972 Correspondence From Brennan To White, William J. Brennan

Gomez v. Perez, 409 U.S. 535 (1973)

Dear Byron:

Please join me in your dissent in the above.

12-15-1972 Preliminary Memorandum, Ralph I. Miller

Gomez v. Perez, 409 U.S. 535 (1973)

Summary:

Justice White takes the approach that, once the state undertakes to enforce a support obligation, it cannot violate EP. [He seems to obfuscate the statutory and common law obligations and treat the Texas law as a mass.]

12-14-1972 Correspondence From White To Burger, Byron R. White

Gomez v. Perez, 409 U.S. 535 (1973)

Dear Chief :

I shall have a few words to say in dissent.

12-07-1972 Preliminary Memorandum, Ralph I. Miller

Gomez v. Perez, 409 U.S. 535 (1973)

Linda R.S. v. Richard D. and Texas: The issue here, as I understand it, is the effect of joining Texas as a party defendant.

12-06-1972 Notes From Oral Argument, Harry A. Blackmun

Gomez v. Perez, 409 U.S. 535 (1973)

Harry A. Blackmun's handwritten notes from the oral argument of Gomez v. Perez.

12-06-1972 Notes From Oral Argument, Harry A. Blackmun

Gomez v. Perez, 409 U.S. 535 (1973)

Harry A. Blackmun's handwritten notes during the oral argument of Gomez v. Perez.

12-01-1972 Notes From Oral Argument, Harry A. Blackmun

Gomez v. Perez, 409 U.S. 535 (1973)

Harry A. Blackmun's handwritten notes from the oral argument of Gomez v. Perez.

06-16-1972 Perliminary Memorandum, John Townsend Rich

Gomez v. Perez, 409 U.S. 535 (1973)

Question presented:

Whether Texas statutes are unconstitutional as violating due process and equal protection insofar as they permit a legitimate child to require support and maintenance from his natural father, while denying an illegitimate child the right to require his natural father to support and maintain him.