Zschernig v. Miller/Dissent White

by Byron White

Mr. Justice WHITE, dissenting.

I would affirm the judgment below. Generally for the reasons stated by Mr. Justice HARLAN in Part IV of his separate opinion, I do not consider the Oregon statute to be an impermissible interference with foreign affairs. Nor am I persuaded that the Court's construction of the 1923 treaty in Clark v. Allen, 331 U.S. 503, 67 S.Ct. 1431 (1947), and of similar treaty language in earlier cases should be overruled at this late date.