RE: Can Society Function Without Exiling the Unethical?

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thanks, Here's an overview of Potter Stewart :


๐ŸŽ“ Who Was Potter Stewart?

Potter Stewart (1915โ€“1985) was an Associate Justice of the U.S. Supreme Court from 1958 to 1981. Appointed by President Eisenhower, he was known for his pragmatic, moderate approach and pivotal role in landmark decisions on civil liberties, privacy, and free speech.

โš–๏ธ Key Facts:

  1. Early Life & Career:

    • Born in Michigan, raised in Ohio; son of a Cincinnati mayor and Ohio Supreme Court Justice.
    • Graduated from Yale Law School (1941), served in the U.S. Navy during WWII.
    • Practiced law in NYC and Cincinnati; served as a federal appeals judge (1954โ€“1958).
  2. Supreme Court Tenure (1958โ€“1981):

    • Confirmed at age 43 (youngest Justice at the time).
    • Often the decisive "swing vote" between liberal and conservative blocs.
    • Rejected rigid ideologies; famously called himself "a lawyer trying to do his best."
  3. Landmark Opinions:

    • Privacy Rights: Wrote the majority opinion in Katz v. United States (1967), declaring the Fourth Amendment "protects people, not places" (extending privacy to wiretaps).
    • Free Speech: Coined the phrase "I know it when I see it" in Jacobellis v. Ohio (1964) while arguing against defining obscenity too broadly.
    • Civil Rights: Supported banning racial discrimination in housing (Jones v. Alfred H. Mayer Co., 1968).
    • Abortion: Voted with the majority in Roe v. Wade (1973).
    • Death Penalty: Initially voted to halt executions (Furman v. Georgia, 1972) but later upheld revised laws (Gregg v. Georgia, 1976).
  4. Notable Dissents:

    • Opposed banning school prayer (Engel v. Vitale, 1962), arguing it did not violate the Establishment Clause.

๐Ÿ›๏ธ Legacy:

  • Retired in 1981 to spend time with family; succeeded by Sandra Day Oโ€™Connor.
  • Died in 1985; buried at Arlington National Cemetery.
  • Remembered for his integrity, moderation, and defense of constitutional balance. The Potter Stewart Award honors contributions to justice in D.C.

"He insisted that the law must be a framework for justice, not an instrument of ideology."



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