Word: byronism
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...Department, was trying to overturn a lower-court order that it work toward the goal of including 29% nonwhites among its membership -- a figure based on the percentage of nonwhites in the local labor pool. A narrow majority of five Justices upheld the lower court's order. Another Justice, Byron White, agreed that while in principle judges have the power to set hiring goals, in this case the 29% target was an impermissible quota...
Associate Justice Byron White, who wrote the decision, claims that there is no "constitutional right of homosexuals to engage in acts of sodomy." Why this is so is not apparent to anyone, including White, judging from the muddled arguments that he makes to buttress his decision...
...decision overturning Scalia's opinion, the court seemed to say, "Ignore previous message." Writing for the majority, Justice Byron White held that when examining a motion for summary judgment, judges must determine "whether the evidence presented is such that a reasonable jury might find that actual malice had been shown with convincing clarity." Specifically, said White, judges must assess such evidence in light of the stringent "clear and convincing" standard of the landmark 1964 libel case, New York Times Co. vs. Sullivan. The effect would be to make libel complaints more difficult to justify at the pretrial stage...
Dissenting were Justices Byron R. White, Chief Justice Warren E. Burger, who is about to retire, and Justice William H. Rehnquist, Reagan's choice to succeed Burger as chief justice...
...forge majorities, Rehnquist will have to reach into the court's shifting, fluid middle. Although she has grown more independent of late, Justice O'Connor usually votes with her old Stanford Law School classmate. Justice Byron White, a Kennedy appointee, can often be counted on as a conservative vote, especially on criminal-rights cases. A careful balancer, Justice Lewis Powell is a pragmatic statesman who tries to find a middle way for the court on controversial cases. It was Powell, for instance, whose opinion striking down explicit quotas but permitting race to be a "factor" in university admissions achieved...