FORTY YEARS AGO, President John Kennedy got his first chance to name a Supreme Court justice when Charles Whittaker, a lackluster Eisenhower appointee worn out after only five years of service, announced his resignation. On April 3, 1962, Kennedy nominated his deputy attorney general, the famous football player and Rhodes Scholar from Colorado, Byron White. A mere eight days later–rocket speed compared to today’s slow pace–White was confirmed by a unanimous voice vote.

In choosing White, who died last week, Kennedy sought a justice who generally shared his views of government. In large part, that meant a justice who believed in the beneficence of the federal government and thus would be loath to circumscribe its powers and willing to enforce its decisions.