Potter Stewart

Details

Birth

January 23, 1915 · Jackson, Michigan

Death

December 7, 1985

Law school

yale university

Prior experience

U.s. supreme court justice (recess)

Biography

Potter Stewart (January 23, 1915 – December 7, 1985) was an Associate Justice of the United States Supreme Court from 1958 to 1981. Born in Jackson, Michigan, and raised in Cincinnati, Ohio, Stewart came from a prominent Republican family; his father served as mayor of Cincinnati and later on the Ohio Supreme Court. He graduated from Yale College in 1937 and Yale Law School in 1941, where he served as chairman of the Yale Law Journal. After serving as a naval officer during World War II, Stewart practiced corporate law in New York and Cincinnati before entering politics. Stewart began his judicial career when President Dwight D. Eisenhower appointed him to the United States Court of Appeals for the Sixth Circuit in 1954. Four years later, Eisenhower elevated him to the Supreme Court, where he was confirmed by the Senate. On the Court, Stewart established himself as a judicial moderate and swing vote, often joining liberal justices on civil rights and civil liberties cases while taking more conservative positions on criminal procedure matters. He authored the majority opinion in Shelton v. Tucker (1960), which struck down loyalty oath requirements for teachers, and joined landmark decisions in cases such as Brown v. Board of Education's implementation and New York Times Co. v. Sullivan. Stewart is perhaps best remembered for his concurring opinion in Jacobellis v. Ohio (1964), where he attempted to define obscenity with the famous phrase "I know it when I see it." His judicial philosophy emphasized restraint and a narrow interpretation of constitutional provisions, believing courts should avoid making broad policy pronouncements. Stewart retired from the Court in 1981 during Ronald Reagan's presidency, citing a desire to step down while still in good health. His legacy reflects that of a pragmatic centrist who played a crucial role in the Court's decisions during the turbulent 1960s and 1970s.

Notable opinions

• Miranda v. Arizona
• Jacobellis v. Ohio