Potter Stewart facts for kids

Quick facts for kids Potter Stewart
Official portrait, 1976
Associate Justice of the Supreme Court of the United States
In office October 14, 1958 – July 3, 1981
Nominated by	Dwight D. Eisenhower
Preceded by	Harold Hitz Burton
Succeeded by	Sandra Day O'Connor
Judge of the United States Court of Appeals for the Sixth Circuit
In office April 27, 1954 – October 13, 1958
Nominated by	Dwight D. Eisenhower
Preceded by	Xenophon Hicks
Succeeded by	Lester LeFevre Cecil
Personal details
Born	(1915-01-23)January 23, 1915 Jackson, Michigan, U.S.
Died	December 7, 1985(1985-12-07) (aged 70) Hanover, New Hampshire, U.S.
Resting place	Arlington National Cemetery
Political party	Republican
Spouse	Mary Ann Bertles ​ (m. 1943)​
Children	3
Education	Yale University (BA, LLB) University of Cambridge
Military service
Branch/service	United States Navy
Unit	United States Navy Reserve
Battles/wars	World War II

Potter Stewart (born January 23, 1915 – died December 7, 1985) was an American lawyer and judge. He served as a judge on the United States Supreme Court from 1958 to 1981. During his time on the Court, he helped shape important laws. He worked on cases about fair treatment in the justice system, civil rights, and privacy rights.

After finishing law school in 1941, Stewart joined the United States Navy Reserve and served in World War II. After the war, he worked as a lawyer and was part of the city council in Cincinnati. In 1954, President Dwight D. Eisenhower chose Stewart to be a judge on the United States Court of Appeals for the Sixth Circuit. Four years later, in 1958, President Eisenhower nominated him to the Supreme Court. The United States Senate approved his nomination. Stewart retired in 1981. He was replaced by Sandra Day O'Connor, who was the first woman to become a Supreme Court justice.

Stewart wrote important opinions for the Court in cases like Jones v. Alfred H. Mayer Co. and Katz v. United States. He also wrote different opinions in cases such as Engel v. Vitale. His famous phrase, "I know it when I see it," came from a case about what is considered offensive.

Early Life and Education

Potter Stewart was born in Jackson, Michigan, on January 23, 1915. His family was on vacation there at the time. His father, James Garfield Stewart, was a well-known Republican from Cincinnati, Ohio. His father served as the mayor of Cincinnati for nine years. Later, he became a judge on the Ohio Supreme Court.

Stewart earned a scholarship to attend the Hotchkiss School, a respected school. He graduated from Hotchkiss in 1933. He then went to Yale University, where he studied and graduated in 1937. After Yale, he studied international law in England at the University of Cambridge for a year. Stewart then returned to the U.S. and attended Yale Law School. He graduated from law school in 1941. While at Yale Law School, he helped edit the Yale Law Journal.

Military Service and Family Life

During World War II, Stewart served in the United States Navy Reserve. He worked on oil tankers. In 1943, he married Mary Ann Bertles in Williamsburg, Virginia. They had three children: a daughter named Harriet and two sons, Potter Jr. and David. After the war, he worked as a private lawyer in Cincinnati. In the early 1950s, he was elected to the Cincinnati City Council.

Becoming a Judge

In 1954, President Dwight D. Eisenhower chose Potter Stewart to be a judge. He was appointed to the United States Court of Appeals for the Sixth Circuit. This court hears appeals from lower courts in several states. The United States Senate approved his appointment on April 23, 1954. He served on this court until October 1958.

Joining the Supreme Court

On October 14, 1958, President Eisenhower appointed Stewart to the Supreme Court of the United States. He took his oath of office that same day. The Supreme Court is the highest court in the United States. It makes final decisions on legal cases. The Senate officially confirmed his appointment on May 5, 1959. Most senators voted for him, but some from Southern states voted against him.

Stewart served on the Supreme Court for many years. He was often seen as a moderate judge, meaning he held views that were not extreme. He was an important voice on the Court.

Key Decisions and Ideas

Potter Stewart made significant contributions to American law. He helped shape how the law protects people's rights and how the government can act.

Privacy and Searches

Stewart's most famous idea came from the case Katz v. United States (1967). He wrote that the Fourth Amendment "protects people, not places." This meant that the government could not secretly record someone's conversations in a public phone booth without a warrant. Before this case, the Fourth Amendment mainly protected physical property. Stewart's opinion expanded this protection to include a person's reasonable expectation of privacy. This made it harder for the government to wiretap or search without a good reason.

In another case, Chimel v. California (1969), Stewart wrote that when police arrest someone in their home, they can only search the area immediately around the person. They cannot search the entire house without a separate warrant. This limited how far police could search during an arrest.

Fairness in the Justice System

Stewart was concerned about ensuring people had fair access to federal courts. He believed it was important for people to be able to bring their cases to these courts, especially in civil rights matters.

He also wrote opinions that explained the rules for who can bring a lawsuit to federal court. These rules are called "standing." He wanted to make sure that people who were truly affected by an issue could have their voices heard in court.

Civil Rights Protections

Stewart played a role in strengthening civil rights laws. In Jones v. Alfred H. Mayer Co. (1968), he helped extend the 1866 Civil Rights Act. This law made it illegal to refuse to sell or rent property to someone because of their race. Later, in Runyon v. McCrary (1976), he helped apply this law to private schools. This meant that private schools that were open to white students could not refuse to accept Black children.

In Shuttlesworth v. City of Birmingham (1965), Stewart ruled that police could not use a law against loitering (standing around) to stop civil rights workers from protesting peacefully on a sidewalk.

Stewart also spoke out against censorship. In a case about what is considered offensive, he said that "Censorship reflects a society's lack of confidence in itself." He believed that limiting what people can see or read was a sign of a government that didn't trust its citizens. This is where his famous quote, "I know it when I see it," came from, referring to how he would recognize something offensive even if he couldn't define it perfectly.

Other Important Cases

Stewart was involved in many other significant cases. He was part of the Court's decision in Furman v. Georgia (1972), which temporarily stopped the use of the death penalty in the U.S. He also helped the Court decide Roe v. Wade (1973), a landmark case about a woman's right to choose.

He was the only judge who disagreed with the decision in In re Gault (1967). This case gave young people the same rights as adults in court, such as the right to know their charges and have a lawyer.

Retirement and Later Life

Potter Stewart announced his retirement from the Supreme Court on June 18, 1981. He officially stepped down on July 3. President Ronald Reagan then nominated Sandra Day O'Connor to take his place. She made history as the first woman to serve on the Supreme Court.

After retiring, Stewart continued to be involved in legal discussions. He appeared in a TV series in 1984 about the United States Constitution. On January 20, 1985, he administered the oath of office to Vice President George H. W. Bush.

Stewart passed away later that year, on December 7, 1985, after suffering a stroke. He was buried at Arlington National Cemetery.

Stewart's Papers

Most of Potter Stewart's personal and official papers are kept at Yale University in New Haven, Connecticut. These papers are now available for people to study. They provide a lot of information about his work and decisions as a judge.