Day 20: Edward White

[A18]

Discuss.

[Emsworth]

White was a mediocre justice, but not too horrible--I would classify him as a freedom fighter. He recognized limitations on the power of Congress to regulate commerce among the states, although a few of his votes (e.g., the Shreveport Rate Case) were unsatisfactory. He also dissented from the more atrocious substantive due process decisions.

[A18]

He dissented in Lochner v. New York (the quintessence of judicial overreaching), but dissented again when its holding was overturned sub silentio in Bunting v. Oregon. He also voted with the majority in Plessy v. Ferguson.

But his Commerce Clause votes were indeed fairly good.

I'll say 'marginal freedom fighter.'