Justice Byron White exhibited acute sensitivity to process during his exceptional career on the Supreme Court. This essay affords several illustrations of that characteristic. One was his perceptive account of the Court's responsibility for amending the rules which mainly govern federal district court practice. The second was careful stewardship of a federal appellate court study authorized by Congress after the jurist had resigned. Another was his persistent dissents from denials of petitions for Supreme Court review. These examples relate to the three levels in the federal judicial hierarchy, and demonstrate Justice White's abiding concern for each constituent and the whole system, as well as his keen appreciation of how valuable process can be.
Carl Tobias, Justice Byron White and the Importance of Process, 30 Hastings Const. L.Q. 297 (2004)