If he had any personal views on the abortion question, he never expressed them.In contests between federal authority and state power, he almost always voted for the federal side, perhaps applying lessons learned in the Justice Department dealing with recalcitrant Southern governors.In disputes between the government and the press, he took the government's side, writing a series of majority opinions in the 1970's that rejected any argument by the press of the need for special treatment. The book's title referred to an incident early in 1961, when Mr. White, the deputy attorney general in the new Kennedy administration, was having lunch in a restaurant near the Department of Justice.
White wrote the majority opinion in the 1986 decision upholding Georgia's statute criminalizing sodomy. He was born June 8, 1917. "He didn't leave a legacy of broad sweeping decisions that were legislative in character that attempted to lay down broad principles," Cordray said. ''Judges have an exaggerated view of their role in our polity,'' he said once.Nicholas DeB.
He led the National Football League in rushing, with 567 yards in 11 games.He began studying law at Oxford in January 1939 but returned to the United States soon after the war began in September. She was the granddaughter of a Colorado governor and the daughter of Robert L. Stearns, the dean of the law school at the University of Colorado and later the university's president.
''His opinion continued: ''Nor are we inclined to take a more expansive view of our authority to discover new fundamental rights imbedded in the Due Process Clause.
His dislike of the nickname Whizzer, which the sportswriters had bestowed on him and which he could never quite manage to shake, was legendary. ''It is difficult to argue that the United States did not have a free and vigorous press before the rule in New York Times was announced,'' he wrote in a 1985 opinion.At the same time, he disagreed with the majority in a 1991 case, Barnes v. Glen Theatre, which upheld an Indiana law that banned nude dancing. After a moment, he replied in a soft voice, ''I was. The Colorado football team was undefeated in his final season, and Mr. White, who was a star punter and passer as well as a halfback, led the nation in scoring, rushing and total offense. White said any claim of gay rights activists to such conduct "is, at best, facetious."
''Byron would have been just as happy, I think he might have preferred -- if he played with 21 other players in an empty stadium,'' one of his University of Colorado teammates commented many years later to Justice White's biographer, Prof. Dennis J. Hutchinson of the University of Chicago Law School.A thesis of the biography, ''The Man Who Once Was Whizzer White'' (The Free Press, 1998), was that a driving force of Justice White's adult life was the effort to ''seal off his athletic past'' and to be accepted on his chosen terms, as a lawyer. "You always knew where he stood, knew that he was not likely to be moved, and hoped that he was lining up on your side of scrimmage." ''That the performances in the Kitty Kat Lounge may not be high art, to say the least, and may not appeal to the court, is hardly an excuse for distorting and ignoring settled doctrine,'' he wrote in a dissent. ''Where else can one be so isolated and alone, yet turn from hero to heel or from heel to hero in just 10 pages or so?'' ''Justice White's own luck was splendid. Everybody. Mr. White organized Colorado-for-Kennedy clubs and brought the state's delegation to the Democratic National Convention into the Kennedy column. "He 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,'" Rehnquist said. That was an understatement about a life that had a storybook quality -- so much so that his decades on the court sometimes appeared more an anticlimax than a crowning achievement.Raised in a small Colorado town by parents who never graduated from high school, Justice White was educated on scholarships, a gifted scholar-athlete who outshone the competition in both fields. A majority of the states subsequently passed laws providing such protection.Although he joined the majority opinion in New York Times v. Sullivan, the 1964 decision that created a First Amendment shield for the press against libel suits by public officials, he later said he regretted his vote. Byron Raymond White was born on June 8, 1917, in Fort Collins, Colo., and grew up in Wellington in northern Colorado. ''He had, I think, a modest view of himself as a justice on the Supreme Court." In 1977, he wrote the majority opinion in Coker v. Georgia, holding that the death penalty was an unconstitutional penalty for rape.His majority opinion in United States v. Leon in 1984, permitting prosecutors to use some evidence that was obtained illegally but in ''good faith,'' accomplished a major objective of the Justice Department under President Ronald Reagan. He later played for the Detroit Lions while attending Yale Law School following a year at Oxford University in England as a Rhodes scholar. An authentic, if reluctant, celebrity in an era before fame became an everyday commodity, he viewed with intense distaste, for the rest of his life, the media speculation that attended his every move as a young man. Byron R. White, the football legend who became one of the longest serving justices of the United States Supreme Court, died yesterday in Denver. He was born June 8, 1917.
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