For Justice White, Kennedy's narrow proportionality principle effectively "eviscerates" "Solem", leaving only an "empty shell" in its place. How could the inter- and intrajurisdictional comparisons required by "Solem" be anything "but" objective? And if, as Kennedy conceded, proportionality analysis should be informed by objective factors as much as possible, how else could those objective factors come into play except through the "Solem" test? See the lengthy discussion in support of the Solem test in chapters 1 and 2 in Dennis J. Baker, "The Right Not to be Criminalized: Demarcating Criminal Law's Authority" (Ashgate, 2011)