Letter from Chachkin to Supreme Court RE: Petitions Petitions for Writs of Certiorari

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December 26, 1972

Hon. Michael Rodak, Jr., Clerk 
Supreme Court of the United States 
Washington, D.C. 20543

Re: Bloomfield Hills School District
vs. Stephen J. Roth, et al.
O.T. 1972, No. __________

West Bloomfield School District 
vs. Stephen J. Roth, et al.
O.T. 1972, N o . _____ ____ _

School District of Birmingham 
vs. Stephen J. Roth, et al. 
O.T. 1972, No. 72-817

Dear Mr. Rodak

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I received service of the Petitions for 
Writs of Certiorari in the three above-captioned 
matters in late November and early December, 1972, 
as one of counsel for the respondents Ronald Bradley, 
et al..

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The most significant issue sought to be 

raised in each of the Petitions (the Petitioners 
are all similarly situated school districts within 
the State of Michigan and outside the City of Detroit) 
concerns the propriety of a district court desegre­
gation order against each district as a state agency 
which was entered without each of the petitioning 
school districts having entered the litigation as a 
party. In the view of respondents - Bradley et al., 
this issue is mooted in light of the recent Sixth 
Circuit ruling in Bradley v. Milliken, Nos. 72-1809 - 
72-1814 (Dec. 8, 1972) [see Supplemental Brief in 
Support of Petitions for Writs of Certiorari, Nos. 
72-549 and 72-550] wherein the Court of Appeals 
ruled that the petitioning school districts were each 
necessary parties, vacated the district court's order 
and remanded for a new hearing at which the Petitioners 
would participate.

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Hon. Michael Rodak, Jr. -2 December 26, 1972

Indeed, Petitioner Bloomfield Hills School 
District recognized the likelihood of this result 
by requesting that disposition of its Petition be 
held in abeyance pending the decision of the Sixth 
Circuit (at p. 4).

Accordingly, prior to filing any response 
on behalf of Ronald Bradley, et al., I contacted 
attorneys for each of the Petitioners by telephone 
last week. I am informed that none of the Petitioners 
realistically expects to withdraw their Petitions in 
light of the Sixth Circuit's decision. In fact, counsel 
for Bloomfield Hills and the West Bloomfield Petitioners 

-expressed an expectation that they would shortly 
supplement their Petitions to take into account this 
recent development; such a supplement may also be 
forthcoming from the School District of Birmingham 
although that Petitioner has reached no determination 
on the matter as yet.

Respondents Bradley et al. would desire to 
prepare and file a single Brief in Opposition to these 
three Petitions for Writs of Certiorari, and we 
would desire to incur the expense of printing only -• 
one document. Under the circumstances here, it would 
seem appropriate for us to defer any response for a 
reasonable period of time so as to allow the Petitioners 
to file such supplementary material as they might 
desire.

I recognize, however, that the Court's 
docket functions independently of such agreements 
between litigants, and that the Court may desire to 
take up consideration of the Petitions notwithstanding 
the fact that they have not yet been supplemented.
Should that be the case, I stand ready upon your ^  
advise to expeditiously prepare and file responses 
as the Court desires.



Hon. Michael Rodak, Jr. -3- December 26, 1972

In the meantime I am enclosing executed 
appearance forms on behalf of the respondents 
Bradley et al. in each of these cases.

I regret the additional difficulty 
which this request will cause you and your staff 
but I believe this to be the most efficient method 
of handling this rather complicated matter.

Best personal regards of the season.
Very truly yours,

Attorney for Respondents 
Bradley et al.

cc: Counsel of record
[see attached list]

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