Byron White

Byron Raymond "Whizzer" White (June 8, 1917 – April 15, 2002) was an American lawyer and professional American football player who served as an Associate Justice of the Supreme Court of the United States from 1962 to 1993.[1][2] Born and raised in Colorado, he played college football, basketball, and baseball for the University of Colorado, finishing as the runner up for the Heisman Trophy in 1937. He was selected in the first round of the 1938 NFL Draft by the Pittsburgh Pirates and led the National Football League in rushing yards in his rookie season. White was admitted to Yale Law School in 1939 and played for the Detroit Lions in the 1940 and 1941 seasons. During World War II, he served as an intelligence officer with the United States Navy in the Pacific. After the war, he graduated from Yale and clerked for Chief Justice Fred M. Vinson.

White entered private practice in Denver, Colorado, working primarily as a transactional attorney. He served as the Colorado state chair of John F. Kennedy's 1960 presidential campaign and accepted appointment as the United States Deputy Attorney General in 1961. In 1962, President Kennedy successfully nominated White to the Supreme Court, making White the first Supreme Court Justice from Colorado.[3] He retired in 1993 and was succeeded by Ruth Bader Ginsburg. White is the twelfth longest-serving justice in Supreme Court history.

White viewed his own court decisions as based on the facts of each case rather than as representative of a specific legal philosophy. He wrote the majority opinion in cases including Coker v. Georgia, Washington v. Davis and Bowers v. Hardwick. He wrote dissenting opinions in notable cases such as Miranda v. Arizona, Immigration and Naturalization Service v. Chadha, and Roe v. Wade.

Byron White
Justice White Official
Associate Justice of the Supreme Court
of the United States
In office
April 12, 1962 – June 28, 1993
Nominated byJohn F. Kennedy
Preceded byCharles Whittaker
Succeeded byRuth Bader Ginsburg
6th United States Deputy Attorney General
In office
January 20, 1961 – April 16, 1962
PresidentJohn F. Kennedy
Preceded byLawrence Walsh
Succeeded byNick Katzenbach
Personal details
Born
Byron Raymond White

June 8, 1917
Fort Collins, Colorado, U.S.
DiedApril 15, 2002 (aged 84)
Denver, Colorado, U.S.
Resting placeCathedral of St. John in the Wilderness
Political partyDemocratic
Spouse(s)
Marion Stearns (m. 1946)
Children2 (including Nancy)
EducationUniversity of Colorado (BA)
Hertford College, Oxford
Yale University (LLB)
Military service
Allegiance United States
Branch/service United States Navy
RankUS-O4 insignia.svg Lieutenant Commander
UnitIntelligence
Battles/warsWorld War II
 • Pacific Theatre
AwardsBronze Star Medal ribbon.svg Bronze Star (2)

Football career
No. 24
Position:Halfback
Personal information
Height:6 ft 1 in (1.85 m)
Weight:187 lb (85 kg)
Career information
High school:Wellington (CO)
College:Colorado
NFL Draft:1938 / Round: 1 / Pick: 4
Career history
Career highlights and awards
Career NFL statistics
Rushing yards:1,321
Average:3.4
Rushing touchdowns:11
Player stats at NFL.com

Early years

Born in Fort Collins, Colorado, White was the younger son of Maude Elizabeth (Burger) and Alpha Albert White, neither of whom attended high school.[4][5][6] He was raised in the nearby town of Wellington, where he obtained his high school diploma in 1934.

After graduating at the top of his tiny high school class of six, White attended the University of Colorado in Boulder on a scholarship, offered to all Colorado high school valedictorians, as his older brother Sam had done.[3][6] He joined the Phi Gamma Delta fraternity[7] and served as student body president his senior year.[3] Graduating Phi Beta Kappa and valedictorian in 1938, he won a Rhodes Scholarship to the University of Oxford in England; after deferring it for a year to play pro football, he attended Hertford College, Oxford.[8] During this time in England, he became acquainted with Joe and John Kennedy, as their father Joseph Kennedy was the U.S. ambassador to London.[3]

College sports

White was an All-American halfback[3] for the Colorado Buffaloes, where a newspaper columnist gave him the nickname "Whizzer",[9] which to his chagrin followed him throughout his legal and Supreme Court careers.[3] As a senior, White led Colorado to an undefeated 8–0 regular season in 1937, but they lost to favored Rice Institute of Houston 28–14 in the Cotton Bowl in Dallas on New Year's Day.[10] He was the runner-up (behind Yale quarterback Clint Frank) for the Heisman Trophy,[11] and also played basketball and baseball at CU. The basketball team advanced to the finals of the inaugural National Invitation Tournament at Madison Square Garden in March 1938.[12][13]

NFL career and law school

White originally planned to attend Oxford in 1938 and not play pro football.[14] He was selected fourth overall in the 1938 NFL draft, held in December 1937, by the NFL's Pittsburgh Pirates (now Steelers),[3][15] and became a Rhodes Scholar days later.[16] Oxford allowed White to delay his start to early 1939, so he accepted the Pittsburgh offer in August and played the 1938 season in the NFL.[14][17][18] He led the league in rushing as a 21-year-old rookie and was its highest-paid player.[3] He sailed to England in early 1939, with the intent of staying for three years.[19][20]

Of all the athletes I have known in my lifetime, I'd have to say Whizzer White came as close to anyone to giving 100 percent of himself when he was in competition.[21]
~- Pittsburgh Pirates/Steelers owner
Art Rooney

With the outbreak of World War II in late summer, White returned to the United States.[22] He later enrolled at Yale Law School in 1939. In a 2000 interview, White said that he was supposed to enroll at Harvard Law School, but got sick on the train ride there, so he got off the train in New Haven, Connecticut and went to Yale.[23] White earned the highest grades in the first-year class, but he turned down an editorship of the Yale Law Journal and took a leave of absence to play football with the Detroit Lions, again leading the league in rushing in 1940 and 1941.[24][25] In three NFL seasons, he played in 33 games. He led the league in rushing yards in 1938 and 1940, and he was one of the first "big money" NFL players, making $15,000 per year (equivalent to $270,000 in 2018). White used the money he earned playing football to pay his law school tuition.[3]

His NFL career was cut short when he entered the U.S. Navy in 1942; after the war, he elected to finish law school rather than return to football. He was elected to the College Football Hall of Fame in 1954.[26]

Military service

During World War II, White served as an intelligence officer in the Navy and was stationed in the Pacific Theatre.[27][28][29] He originally wanted to join the Marines, but was kept out due to being colorblind.[3] He wrote the intelligence report on the sinking of future President John F. Kennedy's PT-109.[26] For his service, White was awarded two Bronze Star medals,[3] and was honorably discharged as a lieutenant commander.

Personal life

White first met his wife Marion (1921–2009), the daughter of the president of the University of Colorado, when she was in high school and he was a college football star.[30] During World War II, Marion served in the WAVES while her future husband was a Navy intelligence officer. They married in 1946 and had two children: a son named Charles Byron (Barney) and a daughter named Nancy.[3]

His older brother Clayton Samuel "Sam" White (1912–2004) was also a high school valedictorian and Rhodes Scholar. He later became a physician and medical researcher, particularly on the effects of atomic bomb blasts.[6]

Legal career

White and R. Kennedy 1961
Byron White with Robert Kennedy in 1961

After his military service, White returned to Yale Law School, graduating magna cum laude and first in his class in 1946.

After serving as a law clerk to Chief Justice Fred Vinson, White returned to Colorado.

White practiced in Denver for roughly fifteen years with the law firm now known as Davis Graham & Stubbs. This was a time in which the Denver economy flourished, and White rendered legal service to the business community. White was for the most part a transactional attorney; he drafted contracts and advised insolvent companies, and he argued the occasional case in court.[26]

During the 1960 presidential election, White put his football celebrity to use as chair of John F. Kennedy's campaign in Colorado. White had first met the candidate when White was a Rhodes scholar and Kennedy's father, Joseph Kennedy, was Ambassador to the Court of St. James.[3] During the Kennedy administration, White served as United States Deputy Attorney General, the number two man in the Justice Department, under Robert F. Kennedy. He took the lead in protecting the Freedom Riders in 1961, negotiating with Alabama Governor John Malcolm Patterson.[3]

Supreme Court

Virginia Thomas
Byron White swearing in new Supreme Court Justice Clarence Thomas, as wife Virginia Lamp Thomas looks on in 1991
Message of President John F. Kennedy nominating Byron R. White to be an Associate Justice of the Supreme Court, 04-03-19 - NARA - 306363
Message of President John F. Kennedy nominating Byron R. White to be an Associate Justice of the Supreme Court

Acquiring renown within the Kennedy Administration for his humble manner and sharp mind, he was appointed by Kennedy in 1962 to succeed Justice Charles Evans Whittaker, who retired for disability. Kennedy said at the time: "He has excelled at everything. And I know that he will excel on the highest court in the land."[3] The 44-year-old White was approved by a voice vote.[3] He would serve until his retirement in 1993. His Supreme Court tenure was the fourth-longest of the 20th century.[3]

Upon the request of Vice President-Elect Al Gore, Justice White administered the oath of office on January 20, 1993 to the 45th U.S. Vice President. It was the only time White administered an oath of office to a Vice President.

During his service on the high court, White wrote 994 opinions. He was fierce in questioning attorneys in court,[3] and his votes and opinions on the bench reflect an ideology that has been notoriously difficult for popular journalists and legal scholars alike to pin down. He was seen as a disappointment by some Kennedy supporters who wished he had joined the more liberal wing of the court in its opinions on Miranda v. Arizona and Roe v. Wade.[8]

White often took a narrow, fact-specific view of cases before the Court and generally refused to make broad pronouncements on constitutional doctrine or adhere to a specific judicial philosophy, preferring what he viewed as a practical approach to the law.[3][8] In the tradition of the New Deal, White frequently supported a broad view and expansion of governmental powers.[3][31] He consistently voted against creating constitutional restrictions on the police, dissenting in the landmark 1966 case Miranda v. Arizona.[3] In that dissent he noted that aggressive police practices enhance the individual rights of law-abiding citizens. His jurisprudence has sometimes been praised for adhering to the doctrine of judicial restraint.[32]

Substantive due process doctrine

Frequently a critic of the doctrine of "substantive due process", which involves the judiciary reading substantive content into the term "liberty" in the Due Process Clause of the Fifth Amendment and Fourteenth Amendment, White's first published opinion as a Supreme Court Justice, a sole dissent in Robinson v. California (1962), foreshadowed his career-long distaste for the doctrine. In Robinson, he criticized the remainder of the Court's unprecedented expansion of the Eighth Amendment's prohibition of "cruel and unusual punishment" to strike down a California law providing for civil commitment of drug addicts. He argued that the Court was "imposing its own philosophical predilections" on the state in this exercise of judicial power, although its historic "allergy to substantive due process" would never permit it to strike down a state's economic regulatory law in such a manner.

In the same vein, he dissented in the controversial 1973 case Roe v. Wade. But White voted to strike down a state ban on contraceptives in the 1965 case of Griswold v. Connecticut, although he did not join the majority opinion, which famously asserted a "right of privacy" on the basis of the "penumbras" of the Bill of Rights. White and Justice William Rehnquist were the only dissenters from the Court's decision in Roe, though White's dissent used stronger language, suggesting that Roe was "an exercise in raw judicial power" and criticizing the decision for "interposing a constitutional barrier to state efforts to protect human life." White, who usually adhered firmly to the doctrine of stare decisis, remained a critic of Roe throughout his term on the bench and frequently voted to uphold laws restricting abortion, including in Planned Parenthood v. Casey in 1992.[33]

White explained his general views on the validity of substantive due process at length in his dissent in Moore v. City of East Cleveland:

The Judiciary, including this Court, is the most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or even the design of the Constitution. Realizing that the present construction of the Due Process Clause represents a major judicial gloss on its terms, as well as on the anticipation of the Framers, and that much of the underpinning for the broad, substantive application of the Clause disappeared in the conflict between the Executive and the Judiciary in 1930s and 1940s, the Court should be extremely reluctant to breathe still further substantive content into the Due Process clause so as to strike down legislation adopted by a State or city to promote its welfare. Whenever the Judiciary does so, it unavoidably pre-empts for itself another part of the governance of the country without express constitutional authority.

White parted company with Rehnquist in strongly supporting the Supreme Court decisions striking down laws that discriminated on the basis of sex, agreeing with Justice William J. Brennan in 1973's Frontiero v. Richardson that such laws should be subject to strict scrutiny. Only three justices joined Brennan's plurality opinion in Frontiero; in later cases gender discrimination cases would be subjected to intermediate scrutiny (see Craig v. Boren).

White wrote the majority opinion in Bowers v. Hardwick (1986), which upheld Georgia's anti-sodomy law against a substantive due process attack.[3]

The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution.... There should be, therefore, great resistance to ... redefining the category of rights deemed to be fundamental. Otherwise, the Judiciary necessarily takes to itself further authority to govern the country without express constitutional authority.

White's opinion in Bowers typified his fact-specific, deferential style, treating the issue in that case as presenting only the question of whether homosexuals had a fundamental right to privacy, even though the statute in Bowers potentially applied to heterosexual sodomy (see Bowers, 478 U.S. 186, 188, n. 1. Georgia, however, conceded during oral argument that the law would be inapplicable to married couples under the precedent set forth in Griswold v. Connecticut.[34]). A year after White's death, Bowers was overruled in Lawrence v. Texas (2003).

Death penalty

White took a middle course on the issue of the death penalty: he was one of five justices who voted in Furman v. Georgia (1972) to strike down several state capital punishment statutes, voicing concern over the arbitrary way in which the death penalty was administered. The Furman decision ended capital punishment in the U.S. until the court's ruling in Gregg v. Georgia (1976). In that case, White voted to uphold Georgia's new capital punishment law.

White accepted the position that the Eighth Amendment to the United States Constitution required that all punishments be "proportional" to the crime;[35] thus, in Coker v. Georgia (1977), he wrote the opinion that invalidated the death penalty for rape of a 16-year-old married girl. His first reported Supreme Court decision was a dissent in Robinson v. California (1962), in which he criticized the Court for extending the reach of the Eighth Amendment. In Robinson the Court for the first time expanded the constitutional prohibition of "cruel and unusual punishments" from examining the nature of the punishment imposed and whether it was an uncommon punishment − as, for example, in the cases of flogging, branding, banishment, or electrocution − to deciding whether any punishment at all was appropriate for the defendant's conduct. White said: "If this case involved economic regulation, the present Court's allergy to substantive due process would surely save the statute and prevent the Court from imposing its own philosophical predilections upon state legislatures or Congress." Consistent with his view in Robinson, White thought that imposing the death penalty on minors was constitutional, and he was one of the three dissenters in Thompson v. Oklahoma (1988), a decision that declared that the death penalty as applied to offenders below 16 years of age was unconstitutional as a cruel and unusual punishment.

Abortion

Along with Justice William Rehnquist, White dissented in Roe v. Wade (the dissenting decision was in the companion case, Doe v. Bolton), castigating the majority for holding that the U.S. Constitution "values the convenience, whim or caprice of the putative mother more than the life or potential life of the fetus."[36]

Civil rights

White consistently supported the Court's post-Brown v. Board of Education attempts to fully desegregate public schools, even through the controversial line of forced busing cases.[37] He voted to uphold affirmative action remedies to racial inequality in an education setting in the famous Regents of the University of California v. Bakke case of 1978. Though White voted to uphold federal affirmative action programs in cases such as Metro Broadcasting, Inc. v. FCC, 497 U.S. 547 (1990) (later overruled by Adarand Constructors v. Peña, 515 U.S. 200 (1995)), he voted to strike down an affirmative action plan regarding state contracts in Richmond v. J.A. Croson Co. (1989).

White dissented in Runyon v. McCrary (1976), which held that federal law prohibited private schools from discriminating on the basis of race. He argued that the legislative history of Title 42 U.S.C. § 1981 (popularly known as the "Ku Klux Klan Act") indicated that the Act was not designed to prohibit private racial discrimination but only state-sponsored racial discrimination (as had been held in the Civil Rights Cases of 1883). White was concerned about the potential far-reaching impact of holding private racial discrimination illegal, which if taken to its logical conclusion might ban many varied forms of voluntary self-segregation, including social and advocacy groups that limited their membership to blacks:[38] "Whether such conduct should be condoned or not, whites and blacks will undoubtedly choose to form a variety of associational relationships pursuant to contracts which exclude members of the other race. Social clubs, black and white, and associations designed to further the interests of blacks or whites are but two examples". Runyon was essentially overruled by 1989's Patterson v. McLean Credit Union, which itself was superseded by the Civil Rights Act of 1991.

Relationships with other justices

White said he was most comfortable on Rehnquist's court. He once said of Earl Warren, "I wasn't exactly in his circle."[3] On the Burger Court, the Chief Justice often assigned important criminal procedure and individual rights opinions to White because of his frequently conservative views on these questions.

Court operations and retirement

Byron White with company
White with other members of the Commission on Structural Alternatives for the Federal Courts of Appeals

White frequently urged the Supreme Court to consider cases when federal appeals courts were in conflict on issues of federal law, believing that resolving such was a primary role of the Supreme Court. Thus, White voted to grant certiorari more often than many of his colleagues; he also wrote numerous opinions dissenting from denials of certiorari. After White (along with fellow Justice Harry Blackmun, who also often voted for liberal grants of certiorari) retired, the number of cases heard each session of the Court declined steeply.[39]

White disliked the politics of Supreme Court appointments,[26] but had great faith in representative democracy, responding to complaints about politicians and mediocrity in government with exhortations to "get more involved and help fix it."[40] He retired in 1993, during Bill Clinton's presidency, saying that "someone else should be permitted to have a like experience."[3] Clinton nominated (and the Senate approved) Justice Ruth Bader Ginsburg, a judge from the Court of Appeals for the D.C. Circuit and a former Columbia University law professor, to succeed him.

Later years and death

After retiring from the Supreme Court, White occasionally sat with lower federal courts.[3] He maintained chambers in the federal courthouse in Denver until shortly before his death.[41] He also served for the Commission on Structural Alternatives for the Federal Courts of Appeals.[42]

White died of pneumonia on April 15, 2002 at the age of 84. He was the last living Warren Court Justice, and died the day before the fortieth anniversary of his swearing in as a Justice. From his death until the retirement of Sandra Day O'Connor in 2006, there were no living former Justices.[3]

His remains are interred at All Souls Walk at the St. John's Cathedral in Denver.[43]

Then-Chief Justice Rehnquist said White "came as close as anyone I have known to meriting Matthew Arnold's description of Sophocles: 'He saw life steadily and he saw it whole.' All of us who served with him will miss him."[3]

Awards and honors

The NFL Players Association gives the Byron "Whizzer" White NFL Man of the Year Award to one player each year for his charity work. Michael McCrary, who was involved in Runyon v. McCrary, grew up to be a professional football player and won the award in 2000.

The federal courthouse in Denver that houses the Tenth Circuit is named after White.

White was posthumously awarded the Presidential Medal of Freedom in 2003 by President George W. Bush.[44]

White was inducted into the Rocky Mountain Athletic Conference Hall of Fame on July 14, 2007,[45] in addition to being a member of the College Football Hall of Fame and the University of Colorado's Athletic Hall of Fame, where he is enshrined as "The Greatest Buff Ever".[46]

One of White's former law clerks, Dennis J. Hutchinson, wrote an unofficial biography of him called The Man Who Once was Whizzer White.[47]

See also

References

  1. ^ "Members of the Supreme Court of the United States". Supreme Court of the United States. Retrieved April 26, 2010.
  2. ^ Hutchinson, Dennis J. (1993). "The Man Who Once was Whizzer White". Chicago Unbound. 103. University of Chicago Law School. p. 43.
  3. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa Joan Biskupic (April 15, 2002). Ex-Supreme Court Justice Byron White dies. USA Today. Retrieved October 20, 2008.
  4. ^ Irish, Leon E. (Summer 2003). "Byron White: A Singular Life". Catholic University Law Review. 52: 883.
  5. ^ Hutchinson, Dennis J. (1998). "The Man Who Once was Whizzer White: Wellington". New York Times. (book excerpt). Retrieved May 3, 2016.
  6. ^ a b c Martin, Douglas (May 2, 2004). "Sam White, 91, researcher on effects of A-Bombs, dies". New York Times. (obituary). Retrieved May 3, 2016.
  7. ^ "Archived copy". Archived from the original on September 29, 2011. Retrieved July 11, 2009.CS1 maint: Archived copy as title (link)
  8. ^ a b c Christopher L. Tomlins (2005). The United States Supreme Court. Houghton Mifflin. Retrieved October 21, 2008.
  9. ^ Jan Crawford Greenburg (2007). Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court. Penguin Group. Retrieved October 20, 2008.
  10. ^ "Rice wins 28-14; Whizzer White meets Mr. Lain". Chicago Sunday Tribune. Associated Press. January 2, 1938. p. 1, part 2.
  11. ^ "Clint Frank voted U.S. gridder no. 1". Milwaukee Sentinel. Associated Press. December 1, 1937. p. 21.
  12. ^ "Colorado, Temple in finals for cage title". Lodi News-Sentinel. California. United Press. March 16, 1938. p. 5.
  13. ^ "Temple routs Colorado five, 60-36, in final". Chicago Daily Tribune. Associated Press. March 17, 1938. p. 20.
  14. ^ a b "Whizzer winds up his career on gridiron". Sunday Spartanburg Herald Journal. South Carolina. Associated Press. December 4, 1938. p. 24.
  15. ^ National Football League: NFL Draft History; see also 1938 NFL draft.
  16. ^ "Whizzer White Rhodes Scholar". Bend Bulletin. Oregon. United Press. December 21, 1937. p. 3.
  17. ^ Burcky, Claire M. (August 1, 1938). "'Whizzer' finally decides to play with Pirates". Pittsburgh Press. p. 21.
  18. ^ "Whizzer White accepts pro grid offer". Lodi News-Sentinel. California. United Press. August 2, 1938. p. 7.
  19. ^ Sell, Jack (December 28, 1938). "Whizzer stops over here on way to Oxford". Pittsburgh Post-Gazette. p. 14.
  20. ^ "Whizzer White leaves Pirates for Oxford, Eng,". Reading Eagle. Pennsylvania. United Press. December 28, 1938. p. 14.
  21. ^ Tagliabue, Paul (2003). "A Tribute to Byron White". Yale Law Journal. Yale University. 112.
  22. ^ "Whizzer White just hides out". Spokesman-Review. Spokane, Washington. Associated Press. October 3, 1939. p. 12.
  23. ^ "Byron White now student at Yale". Daily Times. Beaver and Rochester, Pennsylvania. October 4, 1939. p. 8.
  24. ^ "Detroit signs "Whizzer" White". St. Petersburg Times. INS. August 20, 1940. p. 10.
  25. ^ French, Bob (August 27, 1941). "Whizzer White still a student". Toledo Blade. Ohio. p. 22.
  26. ^ a b c d Dennis J. Hutchinson, The Man Who Once Was Whizzer White: a Portrait of Justice Byron R. White, (Glencoe, The Free Press, 1998)
  27. ^ James, Rembert (September 15, 1943). "'Whizzer' White now on PT staff". Deseret News. Salt Lake City, Utah. Associated Press. p. 1.
  28. ^ "Navy medal given to Whizzer White". Milwaukee Journal. United Press. June 15, 1944. p. 12, part 2.
  29. ^ Alexander, John D. (June 29, 1945). "Whizzer White survives Bunker Hill". Deseret News. Salt Lake City, Utah. INS. p. 12.
  30. ^ "Marion White, wife of late justice, dies at 87". The Denver Post. January 22, 2009.
  31. ^ (see New York v. United States, 488 U.S. 1041 (1992) (White, J., concurring in part and dissenting in part)).
  32. ^ See Hutchinson, Dennis (2003). "Two Cheers for Judicial Restraint: Justice White and the Role of the Supreme Court". U. Colo. L. Rev. 74: 1409.
  33. ^ (See Thornburg v. American Coll. of Obst. & Gyn. 476 U.S. 747 (1986) (White, J., dissenting))
  34. ^ Oral argument of Bowers v. Hardwick, available at Oyez.org, https://www.oyez.org/cases/1980-1989/1985/1985_85_140
  35. ^ (see Harmelin v. Michigan, 501 U.S. 957 (1991) (White, J., dissenting))
  36. ^ Doe v. Bolton, 410 U.S. 179 (1973). Findlaw.com. Retrieved September 10, 2011.
  37. ^ (See Milliken v. Bradley (White, J., dissenting)).
  38. ^ See Runyon, 427 U.S. 160, 212 (White, J., dissenting)
  39. ^ See David M. O'Brien, The Rehnquist Court's Shrinking Plenary Docket, 81 Judicature 58–65 (September/October 1997).
  40. ^ David C. Frederick, Justice White and the Virtue of Modesty, 55 Stanford L.Rev. 21, 27 (2002)
  41. ^ Greenhouse, Linda (April 15, 2002). "Byron R. White, Supreme Court Justice for 31 Years, Dies at 84". The New York Times. ISSN 0362-4331. Retrieved October 5, 2017.
  42. ^ "Appellate Study Commission Issues Final Report". Library.unt.edu. December 18, 1998. Retrieved June 17, 2017.
  43. ^ Christensen, George A. (2008). "Here Lies the Supreme Court: Revisited". Journal of Supreme Court History. 33 (1): 17–41. doi:10.1111/j.1540-5818.2008.00177.x.
  44. ^ Presidential Medal of Freedom Recipients, retrieved July 30, 2009
  45. ^ "RMAC to honor 'Whizzer'". CUBuffs.com. February 25, 2007. Archived from the original on December 26, 2007. Retrieved February 25, 2007.
  46. ^ "CU Athletic Hall of Fame — Justice Byron White". University of Colorado (Boulder) Athletic Department.
  47. ^ Oxford: Oxford University Press, 1998. ISBN 0-684-82794-8; ISBN 978-0-684-82794-0

Further reading

  • Abraham, Henry J. (1992). Justices and Presidents: A Political History of Appointments to the Supreme Court (3rd ed.). New York: Oxford University Press. ISBN 0-19-506557-3.
  • Cushman, Clare (2001). The Supreme Court Justices: Illustrated Biographies, 1789–1995 (2nd ed.). (Supreme Court Historical Society, Congressional Quarterly Books). ISBN 1-56802-126-7.
  • Frank, John P. (1995). Friedman, Leon; Israel, Fred L. (eds.). The Justices of the United States Supreme Court: Their Lives and Major Opinions. Chelsea House Publishers. ISBN 0-7910-1377-4.
  • Hall, Kermit L., ed. (1992). The Oxford Companion to the Supreme Court of the United States. New York: Oxford University Press. ISBN 0-19-505835-6.
  • Martin, Fenton S.; Goehlert, Robert U. (1990). The U.S. Supreme Court: A Bibliography. Washington, D.C.: Congressional Quarterly Books. ISBN 0-87187-554-3.
  • Urofsky, Melvin I. (1994). The Supreme Court Justices: A Biographical Dictionary. New York: Garland Publishing. p. 590. ISBN 0-8153-1176-1.
  • Woodward, Robert and Armstrong, Scott. The Brethren: Inside the Supreme Court (1979). ISBN 978-0-380-52183-8; ISBN 0-380-52183-0. ISBN 978-0-671-24110-0; ISBN 0-671-24110-9; ISBN 0-7432-7402-4; ISBN 978-0-7432-7402-9.

External links

Legal offices
Preceded by
Lawrence Walsh
United States Deputy Attorney General
1961–1962
Succeeded by
Nick Katzenbach
Preceded by
Charles Whittaker
Associate Justice of the Supreme Court of the United States
1962–1993
Succeeded by
Ruth Bader Ginsburg
1938 All-Pro Team

The 1938 All-Pro Team consisted of American football players chosen by various selectors for the All-Pro team of the National Football League (NFL) for the 1938 NFL season. Teams were selected by, among others, the National Professional Football Writers Association (PFW), the United Press (UP), the International News Service (INS), Collyer's Eye (CE), and the New York Daily News (NYDN).Players displayed in bold were consensus first-team selections. Four players were selected for the first team by all five selectors: New York Giants halfback Ed Danowski; Green Bay Packers fullback Clarke Hinkle; New York Giants tackle Ed Widseth; and Chicago Bears guard Dan Fortmann. Another two were selected for the first team by four selectors: Brooklyn Dodgers quarterback Ace Parker (PFW, UP, INS, NYDN); Pittsburgh Pirates halfback Byron White (PFW, UP, INS, CE); and Green Bay Packers end Don Hutson (PFW, UP, INS, NYDN). Five players were selected for the first team by three selectors: Chicago Cardinals end Gaynell Tinsley (PFW, INS, CE); Philadelphia Eagles end Bill Hewitt (UP, CE, NYDN); Chicago Bears tackle Joe Stydahar (UP, INS, NYDN); Green Bay Packers guard Russ Letlow (PFW, INS, CE); and New York Giants center Mel Hein (UP, INS, NYDN).

1938 Cotton Bowl Classic

The 1938 Cotton Bowl Classic was the second edition of the Cotton Bowl Classic, featuring the Colorado Buffaloes and the Rice Owls.

1940 All-Pro Team

The 1940 All-Pro Team consisted of American football players chosen by various selectors for the All-Pro team of the National Football League (NFL) for the 1940 NFL season. Teams were selected by, among others, the so-called "official" All-Pro team selected by 92 sports writers who were members of the Pro Football Writers Association of American (PFW), the sports writers of the Associated Press (AP), the United Press (UP), the International News Service (INS), Collyer's Eye (CE), the New York Daily News (NYDN), and the Chicago Herald American.Players displayed in bold were consensus first-team selections. Three players were selected for the first team by all seven selectors: Brooklyn Dodgers quarterback Ace Parker; Brooklyn Dodgers tackle Bruiser Kinard; and Chicago Bears guard Dan Fortmann. Four others were designated for the first team by six selectors: Cleveland Rams fullback Johnny Drake; Green Bay Packers end Don Hutson; Brooklyn Dodgers end Perry Schwartz; and New York Giants center Mel Hein. Another four players were selected by five of seven selectors: Detroit Lions halfback Byron White; Washington Redskins halfback Sammy Baugh; Chicago Bears tackle Joe Stydahar; and New York Giants center Mel Hein.

1982 State of the Union Address

The 1982 State of the Union address was given by President Ronald Reagan to a joint session of the 97th United States Congress on Tuesday, January 26, 1982. The speech was the first State of the Union address of President Reagan's first term.

The speech lasted 40 minutes and 14 seconds and contained 5154 words. The address was broadcast live on radio and television.

The speech was the first to acknowledge a special guest, Lenny Skutnik. Taking the place of Supreme Court Justice Byron White was retired Justice Potter Stewart.

The Democratic Party response was delivered by Senator Donald Riegle (MI), Senator James Sasser (TN), Rep. Albert Gore Jr. (TN), Senator Robert Byrd (W.Va), Senator Edward Kennedy (MA), House Speaker Thomas P. O'Neill III (MA), Senator Gary Hart (CO), Senator Paul Sarbanes (MD), Senator J. Bennett Johnston (LA), and Senator Alan Cranston (CA).

Bill Clinton Supreme Court candidates

President Bill Clinton made two appointments to the Supreme Court of the United States, both during his first term.

On March 19, 1993, Associate Justice Byron White announced his retirement (and assumption of senior status), effective at the end of the Supreme Court's 1992–1993 term. President Clinton announced Ruth Bader Ginsburg as White's replacement on June 15, 1993, and she was confirmed by the United States Senate on August 3, 1993.On April 6, 1994, Associate Justice Harry Blackmun announced his retirement (and assumption of senior status), which ultimately took effect August 3, 1994. President Clinton announced Stephen Breyer as Blackmun's replacement on May 13, 1994, with the United States Senate confirming Breyer on July 29, 1994.

Boston Shamrocks (AFL)

The Boston Shamrocks were a professional American football team based in Boston, Massachusetts. The team played in the second American Football League from 1936 to 1937, followed by at least one year as an independent in 1938. The team was coached by George Kenneally and split its games between Braves Field and Fenway Park.The Shamrocks were a successful franchise in the AFL, outdrawing the NFL's Boston Redskins and prompting George Preston Marshall to move the Redskins to Washington, D.C., where the team remains to this day. During the 1936 American Football League season, the Shamrocks won the league's championship. The Shamrocks did not fare so well in 1937, falling to a 2-7 record that year. During that year, the team managed to sign former Heisman Trophy winner Larry Kelley to a one-game contract; Kelley reneged on the deal and never played.After the failure of the second AFL (and no apparent effort to join the succeeding minor leagues), the Shamrocks continued as an independent, picking up mostly players that had been released from the Pittsburgh Pirates (now the Pittsburgh Steelers). The Steelers, led by Byron White, defeated the Shamrocks 16-6 that year.

Bowers v. Hardwick

Bowers v. Hardwick, 478 U.S. 186 (1986), is a United States Supreme Court decision that upheld, in a 5–4 ruling, the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults, in this case with respect to homosexual sodomy, though the law did not differentiate between homosexual sodomy and heterosexual sodomy. This case was overturned in 2003 in Lawrence v. Texas.

The majority opinion, by Justice Byron White, reasoned that the Constitution did not confer “a fundamental right to engage in homosexual sodomy”. A concurring opinion by Chief Justice Warren E. Burger cited the “ancient roots” of prohibitions against homosexual sex, quoting William Blackstone’s description of homosexual sex as an “infamous crime against nature”, worse than rape, and “a crime not fit to be named”. Burger concluded: “To hold that the act of homosexual sodomy is somehow protected as a fundamental right would be to cast aside millennia of moral teaching.” Justice Lewis F. Powell later said he regretted joining the majority, but thought the case of little importance at the time.

The senior dissent, by Justice Harry Blackmun, framed the issue as revolving around the right to privacy. Blackmun's dissent accused the Court of an “almost obsessive focus on homosexual activity" and an “overall refusal to consider the broad principles that have informed our treatment of privacy in specific cases”. In response to invocations of religious taboos against homosexuality, Blackmun wrote: “That certain, but by no means all, religious groups condemn the behavior at issue gives the State no license to impose their judgments on the entire citizenry. The legitimacy of secular legislation depends, instead, on whether the State can advance some justification for its law beyond its conformity to religious doctrine.”Seventeen years after Bowers v. Hardwick, the Supreme Court directly overruled its decision in Lawrence v. Texas, and held that anti-sodomy laws are unconstitutional.

Brown v. Louisiana

Brown v. Louisiana, 383 U.S. 131 (1966), was a United States Supreme Court case based on the First Amendment in the U.S. Constitution. It held that protesters have a First and Fourteenth Amendment right to engage in a peaceful sit-in at a public library. Justice Fortas wrote the plurality opinion and was joined by Justice Douglas and Justice Warren. Justices Brennan and Byron White concurred. Justices Black, Clark, Harlan and Stewart dissented.

Byron White (sailor)

Byron White is an Australian sailor.

Together with team mate William Ryan White became second at the 2008 World Championships in the 29er boat by finishing behind fellow Australians Steven Thomas and Jasper Warren, but in front of Britons Max Richardson and Alex Groves who took the bronze.

Byron White United States Courthouse

The Byron White United States Courthouse is a courthouse in Denver, Colorado, currently the seat of the United States Court of Appeals for the Tenth Circuit. It formerly housed courthouses of the United States District Court for the District of Colorado. Completed between 1910 and 1916, the building was listed in the National Register of Historic Places in 1973, as U.S. Post Office and Federal Building. In 1994, it was renamed in honor of U.S. Supreme Court Justice Byron White (1917–2002) a native of Fort Collins, Colorado.

Griswold v. Connecticut

Griswold v. Connecticut, 381 U.S. 479 (1965), is a landmark case in the United States about access to contraception. The case involved a Connecticut "Comstock law" that prohibited any person from using "any drug, medicinal article or instrument for the purpose of preventing conception." The court held that the statute was unconstitutional, and that "the clear effect of [the Connecticut law ...] is to deny disadvantaged citizens ... access to medical assistance and up-to-date information in respect to proper methods of birth control." By a vote of 7–2, the Supreme Court invalidated the law on the grounds that it violated the "right to marital privacy", establishing the basis for the right to privacy with respect to intimate practices. This and other cases view the right to privacy as a right to "protect[ion] from governmental intrusion."

Although the Bill of Rights does not explicitly mention "privacy", Justice William O. Douglas wrote for the majority that the right was to be found in the "penumbras" and "emanations" of other constitutional protections, such as the self-incrimination clause of the Fifth Amendment. Douglas wrote, "Would we allow the police to search the sacred precincts of marital bedrooms for telltale signs of the use of contraceptives? The very idea is repulsive to the notions of privacy surrounding the marriage relationship." Justice Arthur Goldberg wrote a concurring opinion in which he used the Ninth Amendment in support of the Supreme Court's ruling. Justice Byron White and Justice John Marshall Harlan II wrote concurring opinions in which they argued that privacy is protected by the due process clause of the Fourteenth Amendment.

John F. Kennedy Supreme Court candidates

Although he was president for less than three years, John F. Kennedy appointed two men to the Supreme Court of the United States: Byron White and Arthur Goldberg. Given the advanced age of Associate Justice Felix Frankfurter at the time of Kennedy's inauguration, speculation abounded over potential Kennedy nominations to the Supreme Court from the start of his presidency.

List of law clerks of the Supreme Court of the United States

Law clerks have assisted the justices of the United States Supreme Court in various capacities since the first one was hired by Justice Horace Gray in 1882. Each justice is permitted to have between three and four law clerks per Court term. Most persons serving in this capacity are recent law school graduates (and typically graduated at the top of their class). Among their many functions, clerks do legal research that assists justices in deciding what cases to accept and what questions to ask during oral arguments, prepare memoranda, and draft orders and opinions. Research suggests that clerks exert a moderate influence on how justices vote in cases, but have "substantial influence in cases that are high-profile, legally significant, or close decisions."The following list articles cover the law clerks of the Supreme Court of the United States:

List of law clerks of the Supreme Court of the United States (Chief Justice)Clerks for chief justices:

List of law clerks of the Supreme Court of the United States (Seat 1)Clerks for associate justices:

List of law clerks of the Supreme Court of the United States (Seat 2)Clerks for associate justices:

List of law clerks of the Supreme Court of the United States (Seat 3)Clerks for associate justices:

List of law clerks of the Supreme Court of the United States (Seat 4)Clerks for associate justices:

List of law clerks of the Supreme Court of the United States (Seat 6)Clerks for associate justices:

List of law clerks of the Supreme Court of the United States (Seat 8)Clerks for associate justices:

List of law clerks of the Supreme Court of the United States (Seat 9)Clerks for associate justices:

List of law clerks of the Supreme Court of the United States (Seat 10)Clerks for associate justices:

Note that, due to the several changes in the size of the Court since it was established in 1789, two seats have been abolished, both as a result of the Judicial Circuits Act of 1866 (and before the Court established the practice of hiring law clerks). Consequently, neither "seat 5" nor "seat 7" have a list article. Also, the seat numbers in these articles are not derived from official United States federal government sources, but are used as a way of organizing and detailing the succession of justices over the years since the first set of justices were confirmed by the United States Senate.

McKeesport Olympics

The McKeesport Olympics were a professional football team from McKeesport, Pennsylvania from 1896 until around 1940. The Olympics were considered one of the top football teams in Pennsylvania from 1910 until 1919.

The Olympics played against many of the teams that later formed the National Football League. These teams included the Buffalo All-Americans, Rochester Jeffersons and the Canton Bulldogs. The primary reason the Olympics never joined the NFL during the early era was the state of Pennsylvania's blue laws which prevented football from being played on Sunday; as a result, no Pennsylvania team joined the NFL (which played most of its games on Sundays) until 1924, though because most teams were available to play on Saturdays, they were able to schedule exhibition games against NFL teams fairly easily. Why the Olympics never joined after that was unclear. In 1929, the Olympics were crowned as Sandlot Qrid Champs with Art Rooneys team, Rooneys Majestics, placing second.

The team also played against a current NFL team, the Pittsburgh Pirates (renamed the Pittsburgh Steelers in 1940) twice. The first game between the two clubs was held on October 31, 1938. The Pirates, led by Byron White, won that game 21-6. However, almost a year later, on October 4, 1939, in McKeesport, while the Pirates won that game too, the semi-pro Olympics held them to a much closer score, 9-6.

The Olympics also played against several strong clubs that never made it into the NFL. These teams included the Youngstown Patricians and the Shelby Blues. However, the Olympics main rivals were the Pitcairn Quakers, another strong team from the Pittsburgh-area. In 1919 the Olympics had won the first game of the two-game series, 3-0 and had employed the entire Cleveland Indians team just for that game. However, Pitcairn would win the second game due to a last minute field goal by Paul Rupp.

The team disappears from the records shortly after the 1939 contests and likely shut down, as many professional football teams and leagues did, due to World War II.

Minnesota v. Dickerson

Minnesota v. Dickerson, 508 U.S. 366 (1993), was a decision by the Supreme Court of the United States. The Court unanimously held that, when a police officer who is conducting a lawful patdown search for weapons feels something that plainly is contraband, the object may be seized even though it is not a weapon. By a 6-to-3 vote, however, the court held that the officer in this case had gone beyond the limits of a lawful patdown search before he could determine that the object was contraband, making the search and the subsequent seizure unlawful under the Fourth Amendment.

Associate Justice Byron White gave the opinion of the court.

Runyon v. McCrary

Runyon v. McCrary, 427 U.S. 160 (1976), was a case heard before the United States Supreme Court, which held that federal law prohibited private schools from discriminating on the basis of race. Dissenting Justice Byron White argued that the legislative history of 42 U.S.C. § 1981 (popularly known as the "Ku Klux Klan Act") indicated that the Act was not designed to prohibit private racial discrimination, but only state-sponsored racial discrimination (as had been held in the Civil Rights Cases of 1883).

United States Court of Appeals for the Tenth Circuit

The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:

District of Colorado

District of Kansas

District of New Mexico

Eastern District of Oklahoma

Northern District of Oklahoma

Western District of Oklahoma

District of Utah

District of WyomingThese districts were part of the Eighth Circuit until 1929.

The court is composed of twelve active judges and is based at the Byron White U.S. Courthouse in Denver, Colorado. It is one of thirteen United States courts of appeals and has jurisdiction over 560,625 square miles, or roughly 20 percent of the country's land mass.

United States v. Nixon

United States v. Nixon, 418 U.S. 683 (1974), was a landmark United States Supreme Court case that resulted in a unanimous decision against President Richard Nixon, ordering him to deliver tape recordings and other subpoenaed materials to a federal district court. Issued on July 24, 1974, the decision was important to the late stages of the Watergate scandal, when there was an ongoing impeachment process against Richard Nixon. United States v. Nixon is considered a crucial precedent limiting the power of any U.S. president to claim executive privilege.

Chief Justice Warren E. Burger wrote the opinion for a unanimous court, joined by Justices William O. Douglas, William J. Brennan, Potter Stewart, Byron White, Thurgood Marshall, Harry Blackmun and Lewis F. Powell. Burger, Blackmun, and Powell were appointed to the Court by Nixon during his first term. Associate Justice William Rehnquist recused himself as he had previously served in the Nixon administration as an Assistant Attorney General.

William Ryan (sailor)

William Ryan is an Australian sailor.

Together with team mate Byron White Ryan became second at the 2008 World Championships in the 29er boat by finishing behind fellow Australians Steven Thomas and Jasper Warren, but in front of Britons Max Richardson and Alex Groves who took the bronze.

Ryan represented Australia at the 2016 Summer Olympics in Rio de Janeiro, Brazil. He and teammate Mathew Belcher won the silver medal in the 470 class.

 
Supreme Court of the United States
The Warren Court
Chief Justice: Earl Warren (1953–1969)
1962:
1962–1965:
1965–1967:
1967–1969:
The Burger Court
Chief Justice: Warren Earl Burger (1969–1986)
1969:
1970–1971:
1971:
1972–1975:
1975–1981:
1981–1986:
The Rehnquist Court
Chief Justice: William Hubbs Rehnquist (1986–2005)
1986–1987:
1988–1990:
1990–1991:
1991–1993:
Byron White's football career

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