Today in Supreme Court History: May 29, 1917

5/29/1917: President John F. Kennedy's birthday. He would appoint two Justices to the Supreme Court: Byron R. White and Arthur J. Goldberg.

President Kennedy's appointees to the Supreme Court

 

Comments

[Dan Schiavetta]

An unfinished life.

[Eddy]

Were White and Goldberg separated at birth? They have remarkably similar-looking scowls.

[Dilan Esper]

They may have been twins, but White got all of the athletic talent.

[David Welker]

White is just one of those remarkable people who can do everything well. Rhodes Scholar and NFL Player? Seriously?

Very remarkable.

I am not a fan of White's skepticism of substantive due process (except I share that skepticism when it comes to Lochner-type substantive due process) as illustrated by his dissent in Roe v. Wade or majority opinion in Bowers v. Hardwick (later overruled by Lawrence v. Texas) .

My favorite opinion by White was his dissent in Buckley v. Valeo.

[Dilan Esper]

White wasn't a very good Supreme Court justice.

I will say I kind of like his partial dissent in Barnes v. Glen Theatre, defending stripping as entertainment, although his best line is a quote from a lower court case:

"[W]hile the entertainment afforded by a nude ballet at Lincoln Center to those who can pay the price may differ vastly in content (as viewed by judges) or in quality (as viewed by critics), it may not differ in substance from the dance viewed by the person who . . . wants some 'entertainment' with his beer or shot of rye."

[David Welker]

That sentiment seems right to me.