To exclude all jurors who would be in the slightest way effected 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 WhiteThe 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 WhiteMaintaining 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 WhiteAs 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