Byron Raymond "Whizzer " White (June 8, 1917 - April 15, 2002) is the United States Supreme Court judge.
Born and raised in Colorado, he played college football, basketball and baseball for the University of Colorado, finishing as runner up for the Heisman Trophy in 1937. He was elected in the first round of the NAS 1938 Draft by the Pittsburgh Pirates and led the National Football League with a rush in rookie season. White was accepted at 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. After the war, he graduated from Yale and worked as Supreme Court Justice Fred M. Vinson.
White enters private practice in Denver, Colorado, works primarily as a transactional lawyer. He served as chairman of the state of Colorado from the presidential campaign of John F. Kennedy in 1960 and accepted appointment as Deputy Attorney General of the United States in 1961. In 1962, President Kennedy successfully nominated White to the Supreme Court, making White as the first Supreme Court Judge of Colorado. He retired in 1993 and was replaced by Ruth Bader Ginsburg. White is the twelfth of the longest serving justice in the history of the Supreme Court.
White views its own judicial decisions based on the facts of each case rather than as representative of a particular legal philosophy. He writes the majority opinion in cases like Coker v. Georgia , Washington v. Davis and Bowers v. Hardwick . He wrote dissent in famous cases such as Miranda v. Arizona , Immigration and Naturalization Services v. Chadha , and Roe v. Wade .
Video Byron White
Initial years
Born in Fort Collins, Colorado, White is the youngest son of Maude Elizabeth (Burger) and Alpha Albert White, who did not attend high school. He grew up in the nearby town of Wellington, where he obtained his high school diploma in 1934.
After graduating in the sixth grade of his small high school, White attended the University of Colorado at Boulder on a scholarship, offering to all high school farewell students in Colorado, as did his older sister, Sam. He joined the Phi Gamma Delta fraternity and served as president of his senior year student organization. Graduating Phi Beta Kappa in 1938, he won a Rhodes Scholarship to Oxford University in England; After delaying him for a year to play professional football, he attended Hertford College, Oxford. During this time in England, he became acquainted with Joe and John Kennedy, when their father Joseph Kennedy was the US ambassador to London.
College sports
White is an All-American backback for Buffalo Colorado, where a newspaper columnist gave him the nickname "Whizzer", which made him disappointed to follow him throughout his legal career and his Supreme Court. As a senior, White led Colorado to an unbeaten regular season 8-0 in 1937, but they lost to the Rice Institute of Houston 28-14 at the Cotton Bowl in Dallas on New Year's Day. He is the runner-up (behind Yale quarterback Clint Frank) for the Heisman Trophy, and also plays basketball and baseball at CU. The basketball team advanced to the finals of the National Invitation Tournament at Madison Square Garden in March 1938.
Maps Byron White
Soccer and graduate school
White originally planned to attend Oxford in 1938 and not play professional football. He was voted fourth overall in the 1938 NFL draft, held in December 1937, by the Pittsburgh Pirates NFL (now Steelers), and became Rhodes Scholar a day later. Oxford allowed White to postpone its start in early 1939, so he accepted Pittsburgh's offer in August and played the 1938 season in the NFL. He leads the league by rushing as a 21-year-old rookie and is the highest paid player. He sailed to England in early 1939, with the intention of staying for three years.
With the outbreak of World War II in late summer, White returned to the United States. He was accepted at Yale Law School in early October 1939, a week after class started, and also played for the Detroit Lions in 1940 and 1941. In three NFL seasons he played in 33 games. He led the league in a rush in 1938 and 1940, and he was one of the first "big money" NFL players, earning $ 15,000 a year (equivalent to $ 260,000 in 2017).
Her NFL career was cut short when she entered the US Navy in 1942; After the war, he chose to finish law school rather than return to football. She was elected to the College Football Hall of Fame in 1954.
Military services
During the war, White served as an intelligence officer in the US Navy, stationed at the Pacific Theater. He originally wanted to join the Marines, but kept out because of color blindness. He wrote intelligence reports about the drowning of the future of President John F. Kennedy PT-109 . White was awarded two Bronze Star medals, and finished as lieutenant commander.
Personal life
White first met his wife, Marion (1921-2009), daughter of the University of Colorado president, when she was in high school and she is a college football star. During World War II, Marion served in WAVES while her future husband was a naval intelligence officer. They married in 1946 and had two children: a son named Charles Byron (Barney) and a daughter named Nancy.
His older brother, Clayton Samuel "Sam" White (1912-2004) is also a high school vedictorian and Rhodes Scholar. He later became a medical doctor and researcher, especially on the effects of the atomic bomb explosion.
Legal career
After World War II, he completed his studies at Yale Law School, graduating magna cum laude in 1946.
After serving as a legal officer for Supreme Court Justice Fred Vinson, White returned to Colorado.
White practiced in Denver for about fifteen years with a law firm now known as Davis Graham & Stubbs. This is the time in which Denver's economy flourished, and White provided legal services to the business community. White is mostly transactional lawyer; he arranges contracts and advises companies that go bankrupt, and he raises cases that sometimes happen in court.
During the 1960 presidential election, White put his soccer celebrity to serve as campaign chairman John F. Kennedy in Colorado. White first met the candidate when White was a Rhodes scholar and Kennedy's father, Joseph Kennedy, was the Ambassador for the St. James. During the Kennedy administration, White served as Deputy Attorney General of the United States, the number two 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.
Supreme Court
Gaining fame in the Kennedy Administration for his humble attitude and sharp mind, he was appointed by Kennedy in 1962 to replace Justice Charles Evans Whittaker, who retired due to disability. Kennedy said at the time: "He has mastered everything, and I know that he will excel at the highest court in this country." The 44-year-old White White has been approved by the vote. He will serve until his retirement in 1993. The ownership of his Supreme Court is the fourth-longest of the 20th century.
At the request of Vice President-Elect Al Gore, White Justice administered his oath of office on 20 January 1993 to the 45th US Vice President. It was the only time White gave a vow to a Vice President.
During his service in the high court, White wrote 994 opinions. He fiercely questions lawyers in court, and his voices and opinions on the bench reflect an ideology that has been very difficult for popular journalists and law scholars alike to elaborate. He was seen as a disappointment by some of Kennedy's supporters who wished he would join the more liberal wing in court in his view of Miranda v. Arizona and Roe v. Wade .
White often takes a narrow, fact-specific view of the cases before the Court and generally refuses to make broad statements about constitutional doctrine or obey a special judicial philosophy. He prefers to take what he sees as a practical approach to law to someone based on legal philosophy. In the tradition of the New Deal, White often endorses the broad view and extension of governmental power. He consistently voted against creating a constitutional restriction on the police, disagreeing in the historic case of 1966 Miranda v. Arizona . In his dissenting opinion in the case he notes that aggressive police practices increase the rights of law-abiding citizens. Its jurisprudence is sometimes praised for following the doctrine of judicial control.
Doctrine of substantive judicial process
Often a critic of the doctrine of "substantive legal process", involving the judiciary reading substantive content into the term "freedom" in the Fifth Amendment and Fourteenth Amendment Clause Clause, the first opinion White published as the Supreme Judge, the only difference of opinion in Robinson v. California (1962), predicted his career's dislike for doctrine. In Robinson, he criticized an unprecedented extension of the Court's expiry of the Eighth Amendment ban from "cruel and unusual punishment" to bring California laws that provide civilian commitment from drug addicts. He argues that the Court "imposes its own philosophical aversion" to the state in the exercise of this judicial power, although its "allies to historical substantive legal processes" will never allow it to bring down the country's economic regulatory legislation in such a way.
In the same vein, he disagrees in the controversial 1973 case of Roe v. Wade . But White chose to lift the state ban on contraception in the case of 1965 Griswold v. Connecticut , although he did not join the majority opinion, which famously affirmed the "privacy rights" on the basis of the "penumbras" of the Bill of Rights. White and Justice William Rehnquist was the sole opponent of the Court's decision on Roe, although White's disagreements used stronger language, suggesting that Roe was an exercise in the standard judicial powers "and criticized the decision to" interfere with constitutional barriers to declare efforts to protect human life. " White, who usually adheres strongly to the doctrine of staring at decisis, remains Roe's critic during his tenure on the bench and often opts against the promotion of abortion, including Planned Parenthood v. Casey in 1992.
White explains the general view of the validity of substantive legal processes that are long in disagreements at Moore v. City of East Cleveland :
The judiciary, including this Court, is the most vulnerable and most appro- priate when dealing with constitutional laws made by judges who have little or no identifiable roots in the language or even the draft Constitution. Recognizing that the current construction of the Process Clause As it represents the gloss of the main judiciary on its terms, as well as on the anticipation of Framers, and that many of the foundations for the vast, substantive applications of the Clause disappeared in conflict between the Executive and the Judiciary in the 1930s and 1940s, Courts must be very reluctant to inhale more substantive content into the Due Process clause to drop a law adopted by a State or city to improve its welfare. Whenever the Court does so, it is inevitable to precede to itself another part of the state government without a firm constitutional authority.
The company split white with Rehnquist strongly in favor of a Supreme Court ruling that passed a law that discriminated on the basis of sex, agreed with Judge William J. Brennan in 1973 Frontiero v. Richardson that the law discriminates on the basis of sex should be subject to strict supervision. However, only three judges joined Brennan's plurality of views at Frontiero ; in later cases, gender discrimination cases will be subject to intermediate supervision (see Craig v. Boren ).
White writes the majority opinion in Bowers v. Hardwick (1986), who uphold Georgia's anti-sodomy law against substantive process attacks.
Courts are the most vulnerable and come closest to unlawful acts when dealing with constitutional law made by judges who have little or no recognizable roots in the language or design of the Constitution.... Therefore, there must be considerable resistance to... redefining the category of rights that are considered fundamental. Otherwise, Justice needs to take further authority to regulate the state without constitutional authority.
White opinion in Bowers is typed as distinctive White fact, a different style in deciding cases: White Opinion treats the problem in the case as simply presents the question of whether homosexuals have a basic right to privacy, even though the law is in > Bowers is potentially applicable to heterosexual sodomy (see Bowers , 478 US 186, 188, n. 1. Georgia, however, admits during oral arguments that the law will not apply to married couples under precedent set in Griswold v. Connecticut .). A year after White's death, Bowers was denied at Lawrence v. Texas (2003).
Death penalty
White took a middle course on the subject of capital punishment: he was one of five judges who voted at Furman v. Georgia (1972) to impose some state death penalty laws, voicing concern over the arbitrary nature in which the death penalty is granted. Furman's decision ended the death penalty in the US until 1977, when Gary Gilmore, who decided not to appeal the death penalty, was executed by a firing squad. White, however, did not oppose the death penalty in all its forms: he chose to enforce the death penalty law in question at Gregg v. Georgia (1976), even the death penalty scheme must be beaten by the Court.
White accepts the position that the Eighth Amendment of the Constitution of the United States requires that all punishments be "proportional" to crime; thus, he wrote an opinion on Coker v. Georgia (1977), which canceled the death penalty for rape of a 16-year-old married girl. However, the decision of the first Supreme Court was a disagreement in Robinson v. California (1962), in which he criticized the Court for expanding the reach of the Eighth Amendment. In Robinson The court for the first time expanded the constitutional ban of "cruel and unusual punishment" from examining the nature of the punishment imposed and whether it was an unusual punishment - such as, for example, in whipping cases, branding, expulsion, or electric firing - to decide whether any punishment is the same for the behavior of the defendant. White said: "If the case involves economic regulation, the Court's current alliance for a substantive process will surely save the law and prevent the Court from imposing its own philosophical philosophy on the state legislature or Congress." Consistent with his views on Robinson, White thought that imposing death sentences on minors is constitutional, and he is one of three dissidents at Thompson v. Oklahoma (1988), a decision stating that the death penalty applied to offenders under 16 years is unconstitutional as a cruel and unusual punishment.
Abortion
Together with Judge William Rehnquist, White disagrees with Roe v. Wade (the disagreement is in the case of a companion, Doe v. Bolton ), punishes the majority for holding that the US Constitution "assesses the comfort, desire or caprice of a supposed mother over life or life potential fetus. "
Civil rights
White consistently endorsed post- Brown v. Board of Education to completely separate public schools, even through the controversial lines of cases of forced bushing. He chose to enforce affirmative action to address racial inequalities in educational settings in the famous case of the University of California Bupati v. Bakke in 1978. Although White chose to enforce a federal affirmative action program in cases such as Metro Broadcasting, Inc. v. FCC 497 US 547 (1990) (later rejected by Adarand Constructors v. Peugeot 515 US 200 (1995)), White chose to abandon the affirmative action plan on state contracts at Richmond v. JA Croson Co. (1989).
White disagrees in Runyon v. McCrary (1976), which states that federal law prohibits private schools from discriminating on the ground of race. White argues that the legislative history of Title 42 U.S.C. Ã,§ 1981 (known as the "Ku Klux Klan Act") indicates that the Act is not designed to prohibit private racial discrimination, but only state-sponsored racial discrimination (as has been done in the Civil Rights Case i> year 1883). White is concerned about the potential for the widespread impact of illegally holding private racial discrimination, which, if taken for logical conclusion, may prohibit voluntary forms of separation, including social groups and advocates that limit their membership to blacks: "Is it behavior to be forgiven or not? , whites and blacks will undoubtedly choose to form associational relationships based on contracts that exclude other race members.The social, black and white clubs, and associations designed to advance the interests of blacks and whites are but two examples. Runyon was essentially rejected by 1989 Patterson v. McLean Credit Union , which was itself replaced by the Civil Rights Act 1991.
Relationships with other judges
White says he is most comfortable in the Rehnquist court. He once said about Earl Warren, "I'm not exactly in the circle." In the Burger Court, the Chief Judge was pleased to assign important criminal procedures and individual rights opinions to White, for his often conservative views on these questions.
Court and pension operations
White often urges the Supreme Court to consider cases when a federal appeals court is in conflict on federal legal issues, believing that such a settlement is a major role of the Supreme Court. Thus, White chose to give certiorari more often than many of his associates; he also wrote many different opinions from certiorari rejection. After White (along with fellow Judge Harry Blackmun, who also often selects a liberal grant from certiorari) retired, the number of cases heard each court session dropped sharply.
White dislikes the political appointment of the Supreme Court, but has great confidence in representative democracy, responding to complaints about politicians and mediocrity in government with the urge to "be more involved and help improve it." He retired in 1993, during Bill Clinton's presidency, saying that "others should be allowed to have the same experience." Clinton nominated (and Senate approved) Judge Ruth Bader Ginsburg, a judge of the Court of Appeals for Circuit D.C and former Columbia University law professor, to succeed him.
The year later and death
After retiring from the Supreme Court, White occasionally sits with a lower federal court. He retained a room at the federal courthouse in Denver until just before his death. He also serves for the Structural Alternative Commission for Federal Court of Appeal.
White died of pneumonia on 15 April 2002 at the age of 84. He was the last living Judge of the District Court, and died the day before the fortieth birthday of his inauguration as a judge. From his death until his retirement Sandra Day O'Connor, no ex-judge alive.
His body was buried at All Souls Walk at St. Peter's Cathedral. John in Denver.
Then, the Supreme Judge, Rehnquist, said, "Coming as close as anyone I know to predict Matthew Arnold's description of Sophocles: 'He sees life steadily and he sees it as a whole.' All of us who serve him will miss him. "
Awards and honors
The NFL Players Association gives the Whizzer a White NFL Man of the Year Award to one player every year for his charity work. Michael McCrary, involved in Runyon v. McCrary, grew into a professional soccer player and won the award in 2000.
The federal courthouse in Denver that houses the Tenth Circuit is named White.
White posthumously awarded the Presidential Medal of Freedom in 2003 by President George W. Bush.
White was inducted into the Rocky Athletic Conference Hall of Fame on July 14, 2007, in addition to being a member of College of College Football Hall of Fame and University of Colorado Athletic Hall of Fame, where he was immortalized as "The Greatest Buff". Ever".
Source of the article : Wikipedia
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