New York Times Co. v. United States · ¶81

The consequence of all this melancholy series of events is that we literally do not know what we are acting on. As I see it, we have been forced to deal with litigation concerning rights of great magnitude without an adequate record, and surely without time for adequate treatment either in the prior proceedings or in this Court. It is interesting to note that counsel on both sides, in oral argument before this Court, were frequently unable to respond to questions on factual points. Not surprisingly they pointed out that they had been working literally “around the clock” and simply were unable to review the documents that give rise to these cases and were not familiar with them. This Court is in no better posture. I agree generally with Mr. Justice Harlan and Mr. Justice Blackmun but I am not prepared to reach the merits.

U. S. Reports, bound volume
U. S. Reports, volume 403, at 713 (Library of Congress) · transcription: Caselaw Access Project
Passage edition 2026-10-16. Mr. Chief Justice Burger, dissenting..
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