 And although Scalia concedes that an egregious prison term—such as life in prison for overtime parking—would be unconstitutional, White faults him for striking such extreme punishments down in a principled manner.White also argues that adopting Scalia's view of the proportionality requirement would strike at the foundation of the Court's capital punishment jurisprudence, much of which would then "rest on quicksand".Justice Kennedy, joined by Justices O'Connor and Souter, attempted to forge a middle ground between the positions of Justices Scalia and White.