Potter Stewart

(b. Cincinnati, Ohio, 23 Jan. 1915; d. Hanover, N.H., 7 Dec. 1985; interred Arlington National Cemetery), associate justice, 1958–1981. Stewart was born into an old, affluent family in Cincinnati, the son of James Garfield Stewart. His father served as mayor of Cincinnati and as a justice of the Ohio Supreme Court. Potter Stewart attended University School, Hotchkiss, and then Yale University, after which he spent a year at Cambridge on a fellowship. Then in 1938 he entered Yale Law School, a hotbed of legal realism and criticism of formalistic approaches to law and public policy. Stewart received a law degree from Yale in 1941 and joined a firm on Wall Street, but following the attack on Pearl Harbor he joined the navy as an officer. He received three battle stars for his service aboard oil tankers in the Atlantic and Mediterranean. He married Mary Ann Bertles on 24 April 1943.

After the end of the war, Stewart returned to Wall Street, but he soon left to join a large firm in Cincinnati as a litigator. Law led to politics; Stewart was elected to the city council twice and as vice‐mayor once. For Stewart, though, politics was an avocation. He devoted most of his effort to building a practice. When a seat on the sixth Circuit Court of Appeals opened in 1954, President Eisenhower appointed Stewart based on his eminence as a member of the bar.

On the Sixth Circuit, Stewart compiled a record as a clearheaded and technically competent appellate judge, one of the leaders of the federal bench. President Eisenhower had made a habit of appointing lower court judges to the Supreme Court, and, when Justice Harold H. Burton retired in 1958, the administration turned to the Sixth Circuit. On 14 October 1958, President Eisenhower announced Stewart's nomination as an associate justice. Oddly, several southern senators opposed him as a “northern integrationist” because one of his few constitutional opinions had involved school desegregation. He was, however, easily confirmed.

Justice Stewart's record on the Court defies easy characterization as either liberal or conservative. He joined a divided Court, and on many significant issues he became the swing vote. Recently, a commentator referred to him as a conservative on a liberal court and a liberal on a conservative court. Stewart charted a moderate course. In the hundreds of cases on civil liberties decided during his tenure, Stewart voted to support the claimant 52 percent of the time, somewhat more than Justices Blackmun and Frankfurter and slightly less than Justices Stevens and Black.

A number of Stewart's phrases have become part of the lode of quotable quotes in American law. Admitting his inability to formulate a coherent test for obscenity in Jacobellis v. Ohio (1964), Stewart claimed “I know it when I see it” (p. 197). He explained his vote to invalidate the death penalty in Furman v. Georgia (1972) as a response to its quirky implementation: “These death sentences are cruel and unusual in the same way that being struck by lightning is cruel and unusual” (p. 309) (see Capital Punishment).

Stewart wrote several notable opinions. Jones v. Mayer Co. (1968), a civil rights case, is surely one of the most important, since his opinion for the Court revived long‐dormant legislative protections for African‐Americans against discrimination in housing. When the Court in Ginzburg v. United States (1966) upheld a publisher's conviction on obscenity, Stewart dissented: “The First Amendment protects us all with an even hand. It applies to Ralph Ginzburg with no less completeness and force than to G.P. Putnam's Sons” (p. 501). In Roe v. Wade (1973), he concurred in an expansion of the right of privacy but called upon the Court to admit its revival of the much‐reviled “substantive due process” (p. 167). He had voiced concern over the constitutionalization of a right to privacy in the first place, despite his distate for invasions of personal affairs; yet in Griswold v. Connecticut (1965) he referred to one state's law against contraception as “uncommonly silly” but nevertheless constitutional (p. 527).

Unlike many of the justices, such as Black and Douglas, Stewart left no readily identifiable mark on the Court's doctrines or policies. Instead, he bequeathed a distinctive approach to and style of resolving legal issues. He is, as a result, best remembered as a lawyer.

Bibliography

• Jerald H. Israel, Potter Stewart, in The Justices of the United States Supreme Court, 1789–1969, edited by Leon Friedman and Fred Israel, vol. 4 (1969), pp. 2919–2947.
• John P. Mackenzie, Potter Stewart Is Dead at 70, New York Times, 8 Dec. 1985

— Gregory A. Caldeira

U.S. Supreme Court Justice Potter Stewart (1915-1985) was a strong supporter of civil rights and of First and Fourteenth amendment rights to freedom of expression. During the Burger Court period of his service he functioned as "swing man" with Justice Byron R. White.

Born in Michigan in 1915, Potter Stewart was later a resident and Republican political activist in Ohio. After graduating from Yale and Cambridge, Stewart became President Eisenhower's fourth appointee to the Supreme Court in October 1958. "Ike" promoted him from the U.S. Court of Appeals for the Fifth Circuit, whence he had sent him four years earlier. Initially serving under a recess appointment, the 39-year-old jurist ran into a bitter and protracted confirmation battle in the Senate, chiefly in view of his liberal record on racial matters. Spearheading the opposition was the powerful leader of the strong Southern bloc, Richard B. Russell, a Democratic Senator from Georgia whose loyalists delayed confirmation for almost seven months. When the appointment came to a vote, it was 70 to 17.

Justice Stewart lived up fully to the expectations of President Eisenhower and the Southern senators. He charted a generally progressive-conservative or moderately liberal course, depending upon one's perception. During the hey-day of the Warren Court he was more often than not found on the cautiously conservative or "centrist" side, especially in matters concerning law and order and reap-portionment and redistricting. But his stance on racial and sexual discrimination and in particular on the First and Fourteenth amendments' guarantee of freedom of expression found him only slightly less pro-individual or progroup than his most advanced libertarian contemporaries, such as Justices Douglas, Brennan, and Marshall. Thus, although yielding to no one in his devotion to the tenets of federalism, Stewart brooked no equivocation with egalitarian constitutional guarantees and commands. And some of his well-known opinions in the constitutional "disaster area" of obscenity testify to his generous approach to freedom of speech and press as well as privacy. Hence his exasperated concurring observation in Jacobellisv. Ohio (1964) (involving the movie Les Amants) that, under the First and Fourteenth amendments, criminal laws in this area are faute de mieux ("for want of better") limited to hard-core pornography - which, he went on to say, he could characterize only with "I know it when I see it."

Stewart had hardly assumed his seat on the bench in 1958 when he gave notice of his opposition to censorship of any kind by writing the Court's unanimous opinion that struck down the New York Board of Regent's proscription of the film version of D. H. Lawrence's Lady Chatterley's Lover, warning that the advocacy of ideas was not subject to censorship; that by doing so the state had "struck at the very heart of constitutionally protected liberty." At the same time, however, Stewart was not about to be a party to a policy that, in his view, transformed the Bill of Rights "into a suicide pact" - as Justice Jackson had warned so eloquently in 1949 in Terminiello - a commitment to law enforcement that might well mean giving the benefit of the doubt to government rather than the individual. Consequently, it was natural for Stewart to line up with likeminded Justices Clark, Harlan, and White in the realm of criminal procedure in dissenting from such celebrated and contentious 5:4 rulings as those in Escobedo v. Illinois and Miranda v. Arizona.

Stewart, high in President Nixon's esteem, was being seriously considered for promotion to Chief Justice upon Earl Warren's retirement in 1969 - and he might very well have been nominated. But in a long talk with the president in the Oval Office, he asked Nixon to remove him from the list of possibilities, believing strongly that the interests of the tribunal warranted an appointment from outside its membership, and that promotion from within was delicate and difficult and had not worked well for the Court in the on-the-record instances of Associate Justices Edward D. White and Harlan F. Stone.

After Chief Justice Earl Warren's and Justice Abe Fortas' departures from the bench, followed two years later by the departures of Justices Black and Harlan, Stewart and Byron R. White became the "swing men" on what had by then become the Burger Court. It was a role admirably suited for the cautious, judicious, fair-minded student of judicial power, whom Court historians have adjudged to merit a high "average" ranking. It was a role he comfortably continued until he issued the surprise announcement of his retirement at the end of the 1980-1981 term of Court, having served 23 years. At 66, he was one of the younger Justices on the bench and in excellent health; but, as he told the press conference in which he informed the country that he had decided to step down: "I'm a firm believer that it's better to go too soon than stay too long." He died of a stroke four years later, on December 7, 1985.

Although Stewart would not have won a prize for being the hardest worker on the Court, he always relished his tasks thereon and he never missed a single day of oral argument. The jurist, whom the senior correspondents of the press corps pronounced "our best friend on the Court since Hugo Black," penned some 300 opinions for the Court and another 350 in concurrence or dissent. He may not be identified with many of the Court's landmark decisions - with the possible exceptions of his majority opinions in Katz v. United States (an important 1967 case broadening the protection against wiretapping) and Gregg v. Georgia (upholding capital punishment under carefully-controlled circumstances in 1976), his concurring opinions in the 1972 Furmanv. Georgiacapital punishment case and in the 1971 Pentagon Paperscase, and his stirring dissenting opinion in the 1980 Fullilove v. Klutznick case that sanctioned a ten percent "set aside" racial quota for construction work on federally funded projects. Yet he will be remembered as a principled constitutionalist who had that all-too-rare ability to write both simply and clearly.

Further Reading

The literature on Justice Stewart is thin. A good analysis is Jerold H. Israel's "Potter Stewart" in Leon Friedman and Fred L. Israel (editors), The Justices of the United States Supreme Court, 1789-1978 (1980). For a thorough sketch of Stewart's early career see John P. Frank, The Warren Court (1964) and H. M. Barnett and K. Levine, "Mr. Justice Stewart," New York University Law Review 40 (1965). Generally, see Henry J. Abraham, Justices & Presidents: A Political History of Appointments to the Supreme Court, 2d ed. (1985).

For more information on Potter Stewart, visit Britannica.com.

• Born: Jan. 23, 1915, Jackson, Mich.
• Education: Yale College, B.A., 1937; fellow, Cambridge University, 1937–38; Yale Law School, LL.B., 1941
• Previous government service: Cincinnati City Council, Ohio, 1950–53; vice mayor of Cincinnati, 1952–53; judge, Sixth Circuit Court of Appeals, 1954–58
• Appointed by President Dwight D. Ei-senhower as a recess appointment Oct. 14, 1958; replaced Harold H. Burton, who retired; nominated by Eisenhower Jan. 17, 1959
• Supreme Court term: confirmed by the Senate May 5, 1959, by a 70–17 vote; retired July 3, 1981
• Died: Dec. 7, 1985, Hanover, N.H.

Potter Stewart was an especially strong defender of individual rights protected by the 1st, 4th, and 14th Amendments. For example, in Katz v. United States (1967), Stewart strengthened the protection of the 4th Amendment against government's invasion of an individual's privacy. He argued that private conversations must be protected against police interception no matter where the conversation takes place. Stewart wrote: “The Fourth Amendment protects people not places.” Thus, a microphone placed against the wall of a telephone booth by federal investigators was held to be a violation of the 4th Amendment's ban on “unwarranted searches and seizures” and a violation of the right of privacy.

Justice Stewart had a way with words, and many of his statements in Supreme Court opinions have become famous quotations. For example, he admitted his difficulty in stating an exact definition of pornography in Jacobellis v. Ohio (1964); Stewart wrote this often-quoted statement about pornography: “I know it when I see it.”

See also Katz v. United States

Sources

• Tinsley E. Yarbrough, “Justice Potter Stewart: Decisional Patterns in Search of Doctrinal Moorings”, in The Burger Court: Political and Judicial Profiles, edited by Charles M. Lamb and Stephen C. Halpern (Urbana: University of Illinois Press, 1991)

As an associate justice from 1958 to 1981, Potter Stewart charted a middle course during a vigorous era on the U.S. Supreme Court. Before his appointment to the Court by President Dwight D. Eisenhower, Stewart practiced law, served in local government in his native Cincinnati, Ohio, and sat on the Sixth Circuit Court of Appeals from 1954 to 1958. He joined the Supreme Court during a period when the Court was changing the social and political landscape by extending civil rights and liberties under Chief Justice Earl Warren, yet Stewart remained a moderate during his twenty-three-year tenure. Pragmatism, unpredictability, and plainspoken opinions were his hallmarks. His penchant for witty phrases made him highly quotable, but his inconsistent voting record left only an ambiguous mark on U.S. law. At age forty-three, he was among the youngest appointees to the Court and, at age sixty-six, also one of the youngest justices to retire from it.

Born in Jackson, Michigan, on January 23, 1915, Stewart came from old money and a family steeped in law and politics. Educated at University School, Hotchkiss, as well as at Yale, Cambridge, and Yale Law School, he earned his law degree from Yale in 1941. A stint on Wall Street followed. He served in the U.S. Navy during World War II and returned to Ohio after the war. After working for a large law firm in his home state, Stewart briefly followed his father's footsteps into politics. James Garfield Stewart had been mayor of Cincinnati and a justice of the Ohio Supreme Court. Potter Stewart served on the city council and as vice mayor, but he soon abandoned political life to build his own legal practice.

In 1954 President Eisenhower appointed Stewart to the federal bench. Stewart's high profile in the Ohio bar made him an attractive candidate for the Sixth Circuit Court of Appeals, where he served for the next four years. He was widely respected for his competence and efficiency as an appellate judge, and Eisenhower returned to him in 1958 when a seat opened on the Supreme Court. Although southern senators who disliked his embrace of school desegregation offered scattered opposition to his appointment, the nomination easily succeeded.

On the Supreme Court, Stewart was a moderate justice. He was criticized for indecision, chiefly because he was often the unpredictable swing vote in cases that pitted the Warren Court's activist and judicial restraint blocs against each other. Stewart, however, followed his instincts on the Court without obvious resort to ideology or doctrine. To the question of whether he was liberal or conservative, he replied, "I am a lawyer," explaining that the labels had little value for him in the political sphere and even less in law. Stewart's approach in his opinions is notable for its plain-edged pragmatism. He blasted a state's anti-contraception laws as "uncommonly silly" in Griswold v. Connecticut (381 U.S. 479, 85 S. Ct. 1678, 14 L. Ed. 2d [1965]), and in another case, he wrote of obscenity, stating, "I know it when I see it" (Jacobellis v. Ohio, 378 U.S. 184, 84 S. Ct. 1676, 12 L. Ed. 2d 793 [1964]).

In the arena of civil rights and liberties, Stewart's moderate outlook clearly revealed itself. He sided with claimants in 52 percent of these cases. Among his most notable decisions in favor of civil liberties was Jones v. Alfred H. Mayer Co., 392 U.S. 409, 88 S. Ct. 2186, 20 L. Ed. 2d 1189 (1968), in which the Warren Court upheld measures that protected African Americans against discrimination in housing. Stewart's pragmatism did not allow for subjectivity, however. Although he regarded Connecticut's ban on the use of contraceptives as silly, he found the law constitutional and dissented from the majority in Griswold v. Connecticut. He maintained his moderate outlook in his later years on the Court. He agreed with the majority's expansion of a right to privacy in the landmark abortion case, Roe v. Wade, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973), but he also attacked the Court's tendency to invalidate any state law it found unwise.

Stewart's legacy on the Court defies easy categorization. At best he is remembered for his pragmatism and at worst for leaving a less than cohesive body of opinions. He retired from the Court in 1981 and died in Hanover, New Hampshire, on December 7, 1985.

Potter Stewart
Associate Justice of the United States Supreme Court
In office October 14, 1958 – July 3, 1981
Nominated by	Dwight D. Eisenhower
Preceded by	Harold Hitz Burton
Succeeded by	Sandra Day O'Connor
Born	January 23, 1915(1915-01-23) Jackson, Michigan, United States
Died	December 7, 1985 (aged 70) Hanover, New Hampshire, United States
Alma mater	Yale University Yale Law School
Religion	Episcopalian

Potter Stewart (January 23, 1915 – December 7, 1985) was an Associate Justice of the United States Supreme Court. On the Court, he made major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence, among other areas.^[1]

Contents 1 Education 2 Early career 3 Supreme Court service 3.1 Fourth Amendment 3.2 Access to the Courts 3.3 Civil Rights 4 Retirement and Death 5 References 6 Further reading 7 See also 8 External links

Education

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 Epsilon (Phi chapter) and Skull and Bones graduating class of 1937. He was awarded Phi Beta Kappa and served as chairman of the student newspaper, The Yale Daily News. He graduated from Yale Law School in 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.

Early career

He served in World War II as 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 Epsilon and 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.

Supreme Court service

In 1958, President Dwight D. Eisenhower nominated 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.^[2][3] 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 (Engel vs. Vitale (1962),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)) went beyond the framers' intention. In the Engel case, Stewart found no precedent to remove school sponsored prayer, in the Abington case, Stewart refused to strike down the practice of school sponsored Bible reading in public schools; he was the only justice who took this position in both cases ^[4]. 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 Burger as Chief Justice, many speculated that President Richard Nixon would 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.^[5]

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."^[6] Stewart opposed the Vietnam War and on a number of occasions urged the Supreme Court to grant certiorari on cases challenging the constitutionality of the war.

Stewart consistently voted against claims of criminal defendants in the area of federal habeas corpus and collateral review.^[7] He was concerned about broad interpretations of the due process and equal protection clauses.^[8]

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 Miranda v. Arizona (1966) and Gideon v. Wainwright (1963), respectively.

To the lay public, Stewart may be best known for a quotation, or a fragment thereof, from his opinion in the obscenity case 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."^[9] Usually dropped from the quote is the remainder of that sentence, "and the motion picture involved in this case is not that." Justice Stewart went on to defend the movie in question against further censorship. One noted commentator opined that: "This observation summarizes Stewart's judicial philosophy: particularistic, intuitive, and pragmatic."^[9] Justice Stewart later recanted this view in Miller v. California, in which he accepted that his prior view was simply untenable.

Fourth Amendment

Before 1967, fourth amendment protections were mostly limited to notions of property: possessory geographical locations such as apartments, or physical objects.^[10] Stewart's opinion in Katz v. United States established that the fourth amendment "protects people, not places."^[10] Stewart wrote that the government's installation of a recording device in a public phone booth violated the reasonable expectation of privacy - the government was committing "seizure" of callers' words.^[10] The Katz opinion therefore extended the reach of the fourth amendment beyond just physical intrusions; it would also protect against the seizure of incorporeal words.^[10] In addition, the reach of the amendment now went as far as a person's reasonable privacy expectation - the reach of the amendment was no longer defined solely by property limits.^[10] The Katz case made government wiretapping by both state and federal authorities subject to the fourth amendment's warrant requirements.^[10]

In the case of Almeida-Sanchez v. United States, Stewart wrote that roving patrols of the United States Border Patrol must have some justifiable reason before stopping a car; the USBP could not stop and search automobiles without probable cause merely because a stop was made within one-hundred air miles from the international border.^[11]

In 1977's Whalen v. Roe, Stewart objected, in dissent, to any broad establishment of a right to privacy; he said prior Court decisions did not "recognize a general interest in freedom from disclosure of private information."^[8]

Access to the Courts

Justice Stewart was a leader in trying to maintain access to federal courts in civil rights cases.^[12] Stewart was one of the strongest dissenters in the trend of denying litigants access to the federal courts.^[12]

Stewart wrote the Court's opinions in 1972's Sierra Club v. Morton and 1973's United States v. SCRAP, broadly laying out the requirements of standing in federal actions.^[12]

Civil Rights

In 1968's Jones v. Alfred H. Mayer Co., Stewart extended the 1866 Civil Rights Act to outlaw private refusals to buy, sell, or lease real or personal property for racially discriminatory reasons.^[13] In 1976, Stewart extended the Act again in Runyon v. McCrary - private schools open to all white students could no longer exclude black children, and all other offers to contract made to the general public were also made subject to the 1866 Act.^[14]

In 1965's Shuttlesworth v. City of Birmingham, Stewart held for the court that police could not use an anti-loitering law to keep civil rights workers from standing or demonstrating on a sidewalk.^[14]

Retirement and Death

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 Constitution with 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.^[15]

Most of 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. ^[16] However, additional papers do exist in other collections.^[17]

In 1985, upon the death of Associate Justice Potter Stewart, Bob Woodward disclosed that Stewart had been the primary source for The Brethren.^[18]

References

1. ^ Friedman, Leon. The Justices of the United States Supreme Court: Their Lives and Major Opinions, Volume V. Chelsea House Publishers. 1978. Page 291-292.
2. ^ 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
3. ^ http://www.oyez.org/cases/1960-1969/1960/1960_41/ideology/#opinions
4. ^ Eisler, 182
5. ^ Woodward, Bob; Scott Armstrong (September 1979). The Brethren. Simon & Schuster. ISBN 0-671-24110-9. 
6. ^ Eisler, 232
7. ^ Friedman, Leon. The Justices of the United States Supreme Court: Their Lives and Major Opinions, Volume V. Chelsea House Publishers. 1978. Page 296.
8. ^ ^{a b} Friedman, Leon. The Justices of the United States Supreme Court: Their Lives and Major Opinions, Volume V. Chelsea House Publishers. 1978. Page 304.
9. ^ ^{a b} Oyez Project, U.S. Supreme Court media on Potter Stewart.
10. ^ ^{a b c d e f} Friedman, Leon. The Justices of the United States Supreme Court: Their Lives and Major Opinions, Volume V. Chelsea House Publishers. 1978. Page 292.
11. ^ Friedman, Leon. The Justices of the United States Supreme Court: Their Lives and Major Opinions, Volume V. Chelsea House Publishers. 1978. Page 294.
12. ^ ^{a b c} Friedman, Leon. The Justices of the United States Supreme Court: Their Lives and Major Opinions, Volume V. Chelsea House Publishers. 1978. Page 297.
13. ^ Friedman, Leon. The Justices of the United States Supreme Court: Their Lives and Major Opinions, Volume V. Chelsea House Publishers. 1978. Pages 298-299.
14. ^ ^{a b} Friedman, Leon. The Justices of the United States Supreme Court: Their Lives and Major Opinions, Volume V. Chelsea House Publishers. 1978. Page 299.
15. ^ Indian Hill Historical Society, Potter Stewart. Find A Grave Memorial, Potter Stewart.
16. ^ Justice John Paul Stevens - Supreme Court - Law - Washington - New York Times
17. ^ Biography, bibliography, location of papers on Potter Stewart at Sixth Circuit U.S. Court of Appeals.
18. ^ Garrow, David J. The Brethren: Inside the Supreme Court. Publication: Constitutional Commentary, June 22, 2001 at Access my Library.

Further reading

• Abraham, Henry J., Justices and Presidents: A Political History of Appointments to the Supreme Court. 3d. ed. (New York: Oxford University Press, 1992). ISBN 0-19-506557-3.
• Barnett, Helaine M., Janice Goldman, and Jeffrey B. Morris. A Lawyer's Lawyer, a Judge's Judge: Potter Stewart and the Fourth Amendment. 51 University of Cincinnati Law Review 509 (1982).
• Barnett, Helaine M., and Kenneth Levine. Mr. Justice Potter Stewart. 40 New York University Law Review 526 (1965).
• Berman, Daniel M. Mr. Justice Stewart: A Preliminary Appraisal. 28 University of Cincinnati Law Review 401 (1959).
• Cushman, Clare, The Supreme Court Justices: Illustrated Biographies,1789-1995 (2nd ed.) (Supreme Court Historical Society), (Congressional Quarterly Books, 2001) ISBN 1568021267; ISBN 9781568021263.
• Frank, John P., The Justices of the United States Supreme Court: Their Lives and Major Opinions (Leon Friedman and Fred L. Israel, editors) (Chelsea House Publishers, 1995) ISBN 0791013774, ISBN 978-0791013779.
• Frank, John Paul. The Warren Court. New York: Macmillan, 1964, 133-148.
• Hall, Kermit L., ed. The Oxford Companion to the Supreme Court of the United States. New York: Oxford University Press, 1992.,ISBN 0195058356; ISBN 9780195058352.
• Martin, Fenton S. and Goehlert, Robert U., The U.S. Supreme Court: A Bibliography, (Congressional Quarterly Books, 1990). ISBN 0871875543.
• Urofsky, Melvin I., The Supreme Court Justices: A Biographical Dictionary (New York: Garland Publishing 1994). 590 pp. ISBN 0815311761; ISBN 978-0815311768.
• Woodward, Robert and Armstrong, Scott. The Brethren: Inside the Supreme Court (1979). ISBN 9780380521838; ISBN 0380521830. ISBN 9780671241100; ISBN 0671241109; ISBN 0743274024; ISBN 9780743274029.
• Yarbrough, Tinsley E. Justice Potter Stewart: Decisional Patterns in Search of Doctrinal Moorings. In The Burger Court: Political and Judicial Profiles, eds., Charles M. Lamb and Stephen C. Halpern, 375-406. Urbana: University of Illinois Press, 1991.

See also

List of Justices of the Supreme Court of the United States List of law clerks of the Supreme Court of the United States List of U.S. Supreme Court Justices by time in office

List of United States Chief Justices by time in office United States Supreme Court cases during the Burger Court United States Supreme Court cases during the Warren Court

External links

• Biography, bibliography, location of papers on Potter Stewart at Sixth Circuit U.S. Court of Appeals.
• Find A Grave Memorial, Potter Stewart.
• Oyez Project, U.S. Supreme Court media on Potter Stewart.
• Supreme Court Historical Society, Potter Stewart.

Legal offices
Preceded by Xenophon Hicks	Judge of the U.S. Court of Appeals for the Sixth Circuit 1954–1958	Succeeded by Lester LeFevre Cecil
Preceded by Harold Hitz Burton	Associate Justice of the Supreme Court of the United States October 14, 1958 – July 3, 1981	Succeeded by Sandra Day O'Connor

Supreme Court of the United States

The Warren Court Chief Justice: Earl Warren (1953–1969) 1958–1962: H. Black | F. Frankfurter | Wm. O. Douglas | T.C. Clark | J.M. Harlan II | Wm. J. Brennan | C.E. Whittaker | P. Stewart 1962–1965: H. Black | Wm. O. Douglas | T.C. Clark | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | A.J. Goldberg 1965–1967: H. Black | Wm. O. Douglas | T.C. Clark | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | A. Fortas 1967–1969: H. Black | Wm. O. Douglas | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | A. Fortas | T. Marshall The Burger Court Chief Justice: Warren Earl Burger (1969–1986) 1969–1970: H. Black | Wm. O. Douglas | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | T. Marshall 1970–1971: H. Black | Wm. O. Douglas | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | T. Marshall | H. Blackmun 1972–1975: Wm. O. Douglas | Wm. J. Brennan | P. Stewart | B. White | T. Marshall | H. Blackmun | L.F. Powell, Jr. | Wm. Rehnquist 1975–1981: Wm. J. Brennan | P. Stewart | B. White | T. Marshall | H. Blackmun | L.F. Powell, Jr. | Wm. Rehnquist | J.P. Stevens

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