- Potter Stewart
name = Potter Stewart
office = 92nd Associate Justice of the United States Supreme Court
October 14 1958
July 3 1981
Dwight D. Eisenhower
Harold Hitz Burton
Sandra Day O'Connor
birthdate = birth date|1915|1|23
birthplace = Jackson,
deathdate = death date and age|1985|12|7|1915|1|23
Hanover, New Hampshire
religion = Episcopalian
Potter Stewart (
January 23 1915– December 7 1985) was an Associate Justice of the United States Supreme Court.
Stewart was born in Jackson,
Michigan, approximately 30 miles south of Lansing, Michigan, while his family was on vacation. His father, James G. Stewart, a prominent Republican from Cincinnati, Ohio, served as Mayor of Cincinnati for seven years and was later a justice on the Ohio Supreme Court.
Stewart attended the
Hotchkiss School, graduating in 1933. Then, he went on to Yale University, where he was a member of Delta Kappa Epsilonand Skull and Bonesgraduating class of 1937. He was awarded Phi Beta Kappaand served as chairman of the student newspaper, The Yale Daily News. He graduated from Yale Law Schoolin 1941, where he was an editor of the " Yale Law Journal" and a member of Phi Delta Phi. Other members of that era included Gerald R. Ford, Peter H. Dominick, Walter Lord, William Scranton, R. Sargent Shriver, Cyrus R. Vance, and Byron R. White. The last would later become his colleague on the Supreme Court.
He served in
World War IIas a member of the US Navy Reserve aboard oil tankers.
In 1943, he married Mary Ann Bertles in a ceremony at Bruton Episcopal Church in
Williamsburg, Virginia. His brother, Zeph Stewart (also an initiate of Delta Kappa Epsilonand Skull and Bones), was the best man. They eventually had a daughter, Harriet (Virkstis), and two sons, Potter, Jr. and David.
He was employed in private practice at the law firm of
Dinsmore & Shohl, LLP in Cincinnati and at the age of 39, in 1954, he was appointed to the United States Court of Appeals for the Sixth Circuit.
upreme Court service
In 1958, President
Dwight D. Eisenhowernominated Stewart to the Supreme Court to replace Justice Harold Hitz Burton, who was retiring. Stewart came to a Supreme Court controlled by two warring ideological camps and sat firmly in its center. [Eisler, Kim Isaac (1993). A Justice for All: William J. Brennan, Jr., and the decisions that transformed America. Page 159. New York: Simon & Schuster. ISBN 0671767879] [http://www.oyez.org/cases/1960-1969/1960/1960_41/ideology/#opinions] A case early in his Supreme Court career showing his role as the swing vote during that time is " Irvin v. Dowd".
Stewart was temperamentally inclined to moderate positions, but was often in a dissenting posture during his time on the
Warren Court. Stewart believed that the majority on the Warren Court had adopted readings of the First Amendment Establishment Clause (" Abington Township v. Schempp" (1963)), the Fifth Amendment privilege against self-incrimination (" Miranda v. Arizona" (1966)), and Fourteenth Amendment guarantee of Equal Protection with regard to voting rights (" Reynolds v. Sims" (1964)) which went beyond the intention of the framers. In the Abington case, Stewart refused to strike down the practice of prayer in public schools; he was the only justice who took this position [Eisler, 182] . Stewart dissented in " Griswold v. Connecticut" (1965) on the ground that, while the Connecticut statute barring the use of contraceptives seemed to him an "uncommonly silly law," he could not find a general "Right of Privacy" in the Fourteenth Amendment Due Process Clause.
Prior to the appointment of
Warren Burgeras Chief Justice, many speculated that President Richard Nixonwould elevate Stewart to the post, some going so far as to call him the front-runner. Stewart, though flattered by the suggestion, did not want again to appear before--and expose his family to--the Senate confirmation process. Nor did he relish the prospect of taking on the administrative responsibilities delegated to the Chief Justice. Accordingly, he met privately with the president to ask that his name be removed from consideration. [cite book |last= Woodward |first= Bob |coauthors= Scott Armstrong |title= The Brethren|publisher= Simon & Schuster|year= 1979 |month= September |isbn= 0-671-24110-9]
On the Burger Court, Stewart was seen as a centrist justice and was often influential, joining the decision in "
Furman v. Georgia" (1972) which invalidated all death penalty laws then in force, and then joining in the Court's decision four years later, " Gregg v. Georgia", which upheld the revised capital punishment legislation adopted in a majority of the states. Despite his earlier dissent in "Griswold", Stewart changed his views on the "Right of Privacy" and was a key mover behind the Court's decision in " Roe v. Wade" (1973), which recognized the right to abortion under the "Right of Privacy." [Eisler, 232] Stewart opposed the Vietnam Warand on a number of occasions urged the Supreme Court to grant certiorarion cases challenging the constitutionality of the war.
He was the lone dissenter in the landmark juvenile law case "
In re Gault" (1967). That case extended to minors the right to be informed of rights and the right to an attorney, which had been granted to adults in " Gideon v. Wainwright" (1963) and " Miranda v. Arizona" (1966), respectively.
To the lay public, Stewart may be best known for a quotation, or a fragment thereof, from his opinion in the
obscenitycase of " Jacobellis v. Ohio" (1964). Stewart wrote in his short concurrence that "hard-core pornography" was hard to define, but that " I know it when I see it." Usually dropped from the quote is the remainder of that sentence, "and the motion picture involved in this case is not that." He later recanted this view in " Miller v. California", in which he accepted that his prior view was simply untenable.
[Eisler, Kim Isaac (1993). A Justice for All: William J. Brennan, Jr., and the decisions that transformed America. Page 159. New York: Simon & Schuster. ISBN 0671767879]
Stewart remained on the Court until his retirement in July 1981 at the age of 66. He was succeeded by
Sandra Day O'Connor, the first woman to serve on the Supreme Court.
After his retirement, he appeared in a series of public television specials about the
United States Constitutionwith Fred W. Friendly.
He died in 1985 after suffering a stroke near his vacation home in New Hampshire, and was buried in Arlington National Cemetery. [http://www.indianhill.org/History/Ppl011.htm]
Stewart's personal and official papers are archived at the manuscript library of Yale University in
New Haven, Connecticut. However, all files concerning Stewart's service are closed to researchers until all the justices with whom Stewart served have left the court. Thus, the files are expected to be made public following the departure from the court of Justice John Paul Stevens, who is the last sitting justice who served with Stewart. Stevens considers Stewart his judicial hero. [ [http://www.nytimes.com/2007/09/23/magazine/23stevens-t.html Justice John Paul Stevens - Supreme Court - Law - Washington - New York Times ] ]
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Potter Stewart — (* 23. Januar 1915 in Jackson, Michigan; † 7. Dezember 1985 in Hanover, New Hampshire) war ein US amerikanischer Juri … Deutsch Wikipedia
Stewart (Familienname) — Stewart ist ein Familienname. Für den Clan, siehe Stewart (Clan). Für weitere Varianten siehe Stuart (Name) und Steward. Namensträger Inhaltsverzeichnis A B C D E F G H I J K L M N O P Q R S … Deutsch Wikipedia
Stewart (name) — Family name name =Stewart imagesize= caption= meaning = household guardian region =Scotland origin = related names =Stuart footnotes =Infobox Given Name Revised name = Stewart imagesize= caption= pronunciation= gender = Masculine meaning = region … Wikipedia
Stewart — Stewart, Jacky Stewart, James * * * (as used in expressions) Allen Stewart Konigsberg Bluford, Guion S(tewart), Jr. Castlereagh, Robert Stewart, vizconde Chamberlain, Houston Stewart Darnley, Henry Stewart, Lord Stuart, Stewart Halsted, William… … Enciclopedia Universal
Stewart,Potter — Stewart, Potter. 1915 1985. American jurist who served as an associate justice of the U.S. Supreme Court (1958 1981). * * * … Universalium
Stewart — Stewart1 [sto͞o′ərt, styo͞o′ərt] n. a masculine name: see STUART1 Stewart2 [sto͞o′ərt, styo͞o′ərt] 1. James (Maitland) (called Jimmy Stewart) 1908 97; U.S. film actor 2. Potter 1915 85; U.S. jurist: associate justice, Supreme Court (1958 81)… … English World dictionary
Stewart — /stooh euhrt, styooh /, n. 1. Also, Stuart. See Darnley, Lord Henry. 2. Dugald /dooh geuhld, dyooh /, 1753 1828, Scottish philosopher. 3. James Maitland (Jimmy), 1908 97, U.S. actor. 4. Potter, 1915 85, U.S. jurist: associate justice of the U.S.… … Universalium
potter — potter1 /pot euhr/, n. a person who makes pottery. [bef. 1100; ME; late OE pottere. See POT1, ER1] potter2 potterer, n. potteringly, adv. /pot euhr/, v.i., n. Chiefly Brit. putter1. [1520 30; freq. of obs., dial. pote to push, poke, ME poten, OE… … Universalium
Potter — /pot euhr/, n. 1. Beatrix /bee euh triks/, 1866 1943, English writer and illustrator of children s books. 2. Paul, 1625 54, Dutch painter. * * * (as used in expressions) Aiken Conrad Potter Huntington Collis Potter Potter Helen Beatrix Potter… … Universalium
Potter — (as used in expressions) Aiken, Conrad (Potter) Huntington, Collis P(otter) Potter, (Helen) Beatrix Potter, Dennis (Christopher George) Stewart, Potter Martha Beatrice Potter … Enciclopedia Universal