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The law is constantly based on notions of morality, and if all laws representing essentially moral choices are to be invalidated under the due process clause, the courts will be very busy indeed.
Byron White -
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.
Byron White
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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 -
Maintaining order in the classrooms has never been easy and it is evident that the school setting requires some easing of the restrictions to which searches by public authorities are ordinarily subject.
Byron White -
Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from the failing to apprehend him does not justify the use of deadly force to do so.
Byron White -
We're the only branch of government that explains itself in writing every time it makes a decision.
Byron White -
To exclude all jurors who would be in the slightest way affected by the prospect of the death penalty would be to deprive the defendant of the impartial jury to which he or she is entitled under the law.
Byron White -
The risk of racial prejudice infecting a capital sentencing proceeding is especially serious in light of the complete finality of the death sentence.
Byron White