Blackmun Papers

[Stuart BUCK]

The NY Times article on the Blackmun papers reveals something interesting 
about Lee v. Weisman:

http://www.nytimes.com/2004/03/04/politics/04BLAC.html?pagewanted=2&hp

One of the surprises in the papers is the revelation that Justice Kennedy 
changed his mind midway through another major case in 1992. That case, Lee 
v. Weisman, challenged the constitutionality of clergy-led prayers at public 
school graduations.

Assigned by Chief Justice Rehnquist to write the opinion for a 5-to-4 
majority upholding the prayers, Justice Kennedy informed Justice Blackmun, 
who was one of the four dissenters, that after several months "my draft 
looked quite wrong." His new draft, declaring the prayers unconstitutional, 
became the opinion for the new 5-to-4 majority.

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