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In a 1986 case that was eventually to become moot, the court came a hair's breadth from abolishing the spousal privilege altogether. His notes that day reflect his views on Burger's understanding of the case—"No summary of his confusion can do justice. It is worth reading"—and O'Connor's clerk's sense that she had been assigned the opinion because it was "a girl's case." Brennan also remarks that none of the parties would ever know that there was a majority to abolish the spousal privilege altogether.