Mr. Justice Marshall, dissenting. As the court below found, respondents here are “seek[ing] to vindicate a precious common law right, one that predates the Constitution itself.” United States v. Mitchell, 179 U. S. App. D. C. 293, 301, <a href="/opinion/7891428/united-states-v-mitchell/#1260" aria-description="Citation for case: United States v. Mitchel…
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