Memoir of Justice Stevens
Justice Stevens is publishing a memoir in April. According to a New York Times article on the book, the Justice provides some behind-the-scenes discussion of at least one decision (Heller) from his time on the Court where none of the Justice’s papers are available.
This leads me to make a modest suggestion. Justice Stevens should release (when the memoir comes out in April) any materials from his papers that he relies upon in the book. For instance, he says that he circulated a draft dissent in Heller before Justice Scalia circulated his draft opinion. Let’s see that. He also says he persuaded Justice Kennedy to ask Justice Scalia for changes in Heller. What is that assertion based upon?
I think that these are fair questions. How can the accuracy of his accounts of the Court’s internal deliberations be assessed without access to the primary sources?