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Chief Justice Warren Burger was the official author of the unanimous decision in Swann v. Charlotte-Mecklenburg Board of Education, 402 US 1 (1971); however, the published opinion consists primarily of Justice Potter Stewart's draft dissent to Burger's original position. The Chief Justice made some revisions, but Potter Stewart had a much greater hand in formulating the opinion than Burger.

Explanation

The decision in this case was contentious and involved quite a bit of pressure and maneuvering on the part of the more progressive members of the Court, Justices William O. Douglas, William J. Brennan, Jr., and Thurgood Marshall, with support from the usually conservative Justice John Marshall Harlan II. Chief Justice Burger and Justice Black initially wanted to overturn the District Court's decision, and were expected to be joined by Justice Blackmun, who often voted with Burger during his early years on the Court.

Potter Stewart favored strong support for District Court Judge's decision, and circulated a draft of his planned dissenting opinion, should the Court side with Burger. Between Stewart's well-reasoned dissent and the progressive justices' arguments, Chief Justice Burger and Justice Black grudgingly conceded affirming the lower court ruling on constitutional grounds (Justice Blackmun was undoubtedly less resistant).

Burger wrote a tepid first draft that the progressive bloc found unsatisfactory and which, after numerous rounds of comments and revisions, was finally scrapped in favor of Justice Stewart's work, with the addition of a few revisions from the Chief Justice.

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