Potter Stewart: Difference between revisions

Revision as of 05:39, 30 April 2007

Revision as of 05:39, 30 April 2007

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In [[1958]], [[President Eisenhower]] nominated Stewart to the Supreme Court to replace Justice [[Harold Hitz Burton]], who was retiring.

Stewart was tempermentally inclined to moderate positions, but was often in a dissenting posture during his time on the [[Warren Court|Earl Warren]]. Stewart believed that the majority on the Warren Court had adopted readings of the First Amendment Establishment Clause (''[[Abington Township v. Schempp]]'' (1963)), the Fifth Amendment privilege against self-incrimination (''[[Miranda v. Arizona]]'' (1965)), and Fourteenth Amendment guarantee of Equal Protection with regard to voting rights (''[[Reynolds v. Sims]]'' (1964)) which went beyond the intention of the framers. 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.