Justice Harry Blackmun wrote the opinion of the Court; Chief Justice Warren Burger and Justices Potter Stewart and William O. Douglas wrote concurring opinions; Justices Byron White and William H. Rehnquist wrote dissenting opinions.Case Citation:Roe v. Wade, 410 US 113 (1973)
President Dwight D. Eisenhower appointed Justice Potter Stewart to succeed Justice Harold Hitz Burton in 1958. Stewart was succeeded by Justice Sandra Day O'Connor when he retired in 1981.
Mapp v. Ohio, 367 US 643 (1961)Justice Potter Stewart voted with the 6-3 majority to apply the Exclusionary Rule (Fourth Amendment Search and Seizure protection) to the states, but didn't write a separate concurring opinion.For more information, see Related Questions, below.
Justice Potter Stewart's wife was named Andy.
Chief Justice Warren Burger was the official author of the unanimous decision in Swann v. Charlotte-Mecklenburg Board of Education, 402 US 1 (1971); however, the published opinion consists primarily of Justice Potter Stewart's draft dissent to Burger's original position. The Chief Justice made some revisions, but Potter Stewart had a much greater hand in formulating the opinion than Burger.ExplanationThe decision in this case was contentious and involved quite a bit of pressure and maneuvering on the part of the more progressive members of the Court, Justices William O. Douglas, William J. Brennan, Jr., and Thurgood Marshall, with support from the usually conservative Justice John Marshall Harlan II. Chief Justice Burger and Justice Black initially wanted to overturn the District Court's decision, and were expected to be joined by Justice Blackmun, who often voted with Burger during his early years on the Court.Potter Stewart favored strong support for District Court Judge's decision, and circulated a draft of his planned dissenting opinion, should the Court side with Burger. Between Stewart's well-reasoned dissent and the progressive justices' arguments, Chief Justice Burger and Justice Black grudgingly conceded affirming the lower court ruling on constitutional grounds (Justice Blackmun was undoubtedly less resistant).Burger wrote a tepid first draft that the progressive bloc found unsatisfactory and which, after numerous rounds of comments and revisions, was finally scrapped in favor of Justice Stewart's work, with the addition of a few revisions from the Chief Justice.For more information, see Related Questions, below.
Yes. Justice Potter Stewart, whom President Eisenhower appointed to the US Supreme Court in 1958, was active in Ohio Republican politics, but was considered an ideological moderate. During his time on the bench, from 1958-1981, Stewart functioned as the swing vote between the liberal and conservative blocs on the Court.
Chief JusticeEarl WarrenAssociate JusticesHugo BlackWilliam O. DouglasJohn M. Harlan IIWilliam Brennan, Jr.Potter StewartByron WhiteAbe FortasThurgood MarshallCase Citation:Tinker v. Des Moines, 393 US 503 (1969)
Potter Stewart, in his concurring opinion in Jacobellis v. Ohio, 378 US 184 (1964).For more information, see Related Questions, below.
Potter Stewart was born on January 23, 1915.
Potter Stewart was born on January 23, 1915.
Potter Stewart died on December 7, 1985 at the age of 70.
Potter Stewart died on December 7, 1985 at the age of 70.