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Byron White
6 quotes
“As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.”
Byron White (1917–2002) first seen 1973 wikiquote, CC BY-SA 4.0 source
Recorded in: Dissenting from the decision of the US Supreme Court in Doe v. Bolton, 410 U.S. 179 at 222 (1973); also applied to Roe v. Wade, 410 U.S. 113 (1973).
“It is not better that all felony suspects die than that they escape. Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so. It is no doubt unfortunate when a suspect who is in sight escapes, but the fact that the police arrive a little late or are a little slower afoot does not always justify killing the suspect.”
Byron White (1917–2002) first seen 1985 wikiquote, CC BY-SA 4.0 source
Recorded in: Tennessee v. Garner, 471 U.S. 1 (1985).
“We're the only branch of government that explains itself in writing every time it makes a decision.”
Byron White (1917–2002) first seen 1984 wikiquote, CC BY-SA 4.0 source
Recorded in: Reported by Evan Thomas in Time magazine, Oct. 08, 1984, in response to the assertion that the Supreme Court is the most secretive branch in terms of carrying out its deliberations.
“The issue presented is whether the Federal Constitution confers a fundamental right upon homosexuals to engage in sodomy, and hence invalidates the laws of the many States that still make such conduct illegal, and have done so for a very long time…. Respondent would have us announce, as the Court of Appeals did, a fundamental right to engage in homosexual sodomy. This we are quite unwilling to do.”
Byron White (1917–2002) first seen 1986 wikiquote, CC BY-SA 4.0 source
Recorded in: Bowers v. Hardwick, 478 U.S. 186 (1986).
“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.”
Byron White (1917–2002) first seen 1986 wikiquote, CC BY-SA 4.0 source
Recorded in: Bowers v. Hardwick, 478 U.S. 186 (1986).
“While the collateral consequences of drugs such as cocaine are indisputably severe, they are not unlike those which flow from the misuse of other, legal, substances.”
Byron White (1917–2002) first seen 1023 wikiquote, CC BY-SA 4.0 source
Recorded in: Harmelin v. Michigan 501 U.S. 957 at 1023 (1991).