Potter Stewart

StewartJustice StewartJustice Potter StewartPotterStewart JStewart, Potter
Potter Stewart (January 23, 1915 – December 7, 1985) was an Associate Justice of the United States Supreme Court, serving from 1958 to 1981.wikipedia
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Harold Hitz Burton

Harold H. BurtonHarold BurtonBurton
In 1958, Eisenhower nominated Stewart to succeed retiring Associate Justice Harold Hitz Burton, and Stewart won Senate confirmation the following year. Stewart received a recess appointment from President Dwight D. Eisenhower on October 14, 1958, to a seat on the Supreme Court of the United States vacated by Associate Justice Harold Hitz Burton.
Burton served on the Court until 1958, when he was succeeded by Potter Stewart.

Sandra Day O'Connor

Justice O'ConnorSandra Day O’ConnorO'Connor
Stewart retired in 1981 and was succeeded by Sandra Day O'Connor.
On July 7, 1981, Reagan – who had pledged during his 1980 presidential campaign to appoint the first woman to the Court – announced he would nominate O'Connor as an Associate Justice of the Supreme Court to replace the retiring Potter Stewart.

Warren Court

Warrendue process revolutionthe Warren majorities
He was frequently in the minority during the Warren Court but emerged as a centrist swing vote on the Burger Court.
Another vacancy took place when Reed retired in 1957, and was replaced by Charles Evans Whittaker, and then Burton retired in 1958, with Eisenhower appointing Potter Stewart in his place.

Burger Court

Burger
He was frequently in the minority during the Warren Court but emerged as a centrist swing vote on the Burger Court.
The Burger Court thus began with Burger and seven veterans of the Warren Court: Hugo Black, William O. Douglas, John Marshall Harlan II, William Brennan, Potter Stewart, Byron White, and Thurgood Marshall.

Fourth Amendment to the United States Constitution

Fourth AmendmentFourthU.S. Const. amend. IV
During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.
Justice Potter Stewart wrote in the majority opinion that "the Fourth Amendment protects people, not places".

I know it when I see it

Potter Stewart standardWe know it when we see itwrote
His concurring opinion in Jacobellis v. Ohio popularized the phrase "I know it when I see it." 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, and the motion picture involved in this case is not that."
The phrase was used in 1964 by United States Supreme Court Justice Potter Stewart to describe his threshold test for obscenity in Jacobellis v. Ohio.

James Garfield Stewart

James G. Stewart
He was the son of Harriett L. (Potter) and James Garfield Stewart.
Stewart's son Potter (1915 - 1985) was an Associate Justice of the United States Supreme Court.

Yale Law School

YaleYale University Law SchoolYale Law
After graduating from Yale Law School in 1941, Stewart served in World War II as a member of the United States Navy Reserve.
Alumni also include current United States Supreme Court associate justices Clarence Thomas, Samuel Alito, Sonia Sotomayor and Brett Kavanaugh, as well as a number of former justices, including Abe Fortas, Potter Stewart and Byron White; several heads of state around the world, including Karl Carstens, the fifth president of Germany, and Jose P. Laurel, the third president of the Republic of the Philippines; five current U.S. senators; the former governor of California and current governor of Rhode Island; and the current deans of three of the top fourteen-ranked law schools in the United States: Virginia, Cornell, and Georgetown.

Yale Law Journal

The Yale Law JournalYale L.J.Yale
While at Yale Law School, he was an editor of the Yale Law Journal and a member of Phi Delta Phi.
Alumni include Supreme Court justices (Samuel Alito, Abe Fortas, Brett Kavanaugh, Sonia Sotomayor, Potter Stewart) and numerous judges on the United States courts of appeals (William Duane Benton, Stephanos Bibas, Guido Calabresi, Steven Colloton, Morton Ira Greenberg, Stephen A. Higginson, Andrew D. Hurwitz, Robert Katzmann, Scott Matheson, Michael H. Park, Jill A. Pryor, Richard G. Taranto, Patricia Wald).

Engel v. Vitale

denial of prayerEngelremove prayer from public schools
He wrote dissenting opinions in cases such as Engel v. Vitale, In re Gault and Griswold v. Connecticut.
In his dissenting opinion, Justice Stewart contended that the Establishment Clause was originally written to abolish the idea of a state-sponsored church, and not to stop a non-mandatory "brief non-denominational prayer".

Phi Delta Phi

While at Yale Law School, he was an editor of the Yale Law Journal and a member of Phi Delta Phi.

Dwight D. Eisenhower

Dwight EisenhowerEisenhowerPresident Eisenhower
In 1954, President Dwight D. Eisenhower appointed Stewart to the United States Court of Appeals for the Sixth Circuit. Stewart received a recess appointment from President Dwight D. Eisenhower on October 14, 1958, to a seat on the Supreme Court of the United States vacated by Associate Justice Harold Hitz Burton.

Katz v. United States

KatzKatz v United States (1967)Katz v. U.S.
Stewart wrote the majority opinion in notable cases such as Jones v. Alfred H. Mayer Co., Katz v. United States, Chimel v. California, and Sierra Club v. Morton.
Seven justices formed the majority and joined an opinion written by Justice Potter Stewart.

Yale Daily News

The Yale Daily NewsThe Yale NewsYale News
He served as chairman of the Yale Daily News.

Griswold v. Connecticut

landmark 1965 Supreme Court decisionGriswold v. Connecticut (1965)Penumbral
He wrote dissenting opinions in cases such as Engel v. Vitale, In re Gault and Griswold v. Connecticut.
Justices Hugo Black and Potter Stewart wrote dissenting opinions.

Skull and Bones

Skull and Bones SocietySkull & BonesBonesmen
He then went on to Yale University, where he was a member of Delta Kappa Epsilon (Phi chapter) and Skull and Bones graduating Phi Beta Kappa in 1937 with a Bachelor of Arts degree cum laude.
Among prominent alumni are former president and Chief Justice William Howard Taft (a founder's son); former presidents and father and son George H. W. Bush and George W. Bush; Chauncey Depew, president of the New York Central Railroad System, and a United States Senator from New York; Supreme Court Justices Morrison R. Waite and Potter Stewart; James Jesus Angleton, "mother of the Central Intelligence Agency"; Henry Stimson, U.S. Secretary of War (1940–1945); Robert A. Lovett, U.S. Secretary of Defense (1951–1953); William B. Washburn, Governor of Massachusetts; and Henry Luce, founder and publisher of Time, Life, Fortune, and Sports Illustrated magazines.

Sierra Club v. Morton

Stewart wrote the majority opinion in notable cases such as Jones v. Alfred H. Mayer Co., Katz v. United States, Chimel v. California, and Sierra Club v. Morton.
Writing for the Court, Justice Potter Stewart, joined by Justices Byron White, Thurgood Marshall, and Chief Justice Warren E. Burger, agreed with the Ninth Circuit that the Sierra Club had not alleged any legal interest in the case.

Sargent Shriver

R. Sargent ShriverRobert Sargent Shriver Jr.Shriver
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.
An early opponent of American involvement in World War II, Shriver was a founding member of the America First Committee, an organization started in 1940 by a group of Yale Law School students, also including future President Gerald Ford and future Supreme Court Justice Potter Stewart, which tried to keep the US out of the European war.

Jacobellis v. Ohio

I Know it When I See itRoth-Jacobellis
His concurring opinion in Jacobellis v. Ohio popularized the phrase "I know it when I see it." 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, and the motion picture involved in this case is not that."
The most famous opinion from Jacobellis, however, was Justice Potter Stewart's concurrence, stating that the Constitution protected all obscenity except "hard-core pornography".

Recess appointment

recess appointedrecess-appointedrecess appointments
Stewart received a recess appointment from President Dwight D. Eisenhower on October 14, 1958, to a seat on the Supreme Court of the United States vacated by Associate Justice Harold Hitz Burton.
Eisenhower made two other recess appointments, Chief Justice Earl Warren and Associate Justice Potter Stewart.

In re Gault

Gerald Gault
He wrote dissenting opinions in cases such as Engel v. Vitale, In re Gault and Griswold v. Connecticut.
Justice Potter Stewart was the sole dissenter.

Capital punishment in the United States

death penaltycapital punishmentsentenced to death
On the Burger Court, Stewart was seen as a centrist justice and was often influential, joining the decision in Furman v. Georgia (1972) that 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.
The narrowest opinions, those of Byron White and Potter Stewart, expressed generalized concerns about the inconsistent application of the death penalty across a variety of cases, but did not exclude the possibility of a constitutional death penalty law.

Obscenity

obsceneobscenitiesindecent
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, and the motion picture involved in this case is not that."
Former Justice Potter Stewart of the Supreme Court of the United States, in attempting to classify what material constituted exactly "what is obscene," famously wrote, "I shall not today attempt further to define the kinds of material I understand to be embraced ... [b]ut I know it when I see it...."

Jackson, Michigan

JacksonJackson, MIMichigan
Stewart was born in Jackson, Michigan, while his family was on vacation.

Irvin v. Dowd

A case early in his Supreme Court career showing his role as the swing vote during that time is Irvin v. Dowd.
Irvin v. Dowd was one of the first of many cases to underscore the "swing vote" role played by Justice Potter Stewart, who recently had come to the Supreme Court and was caught between the two warring camps of justices—the liberal camp of Justices Earl Warren and William Brennan, and the conservative one headed by Justice Felix Frankfurter.