Potter Stewart
Centrist Supreme Court justice and primary source for *The Brethren*.
According to *The Brethren*, Stewart was the primary source for the book, disclosed upon his death in 1985. The book portrays Stewart as the Supreme Court's ideological center, serving as a narrator alongside Hugo Black. Newly inaugurated President Richard Nixon considered nominating Stewart for Chief Justice in 1969 but instead selected Warren Burger.
- died
- December 7, 1985
- field
- Law and jurisprudence
- nationality
- American
- known_for
- Associate Justice of the U.S. Supreme Court; primary source for *The Brethren*
Verified Timeline
Lore & Background
Potter Stewart was the primary source for Bob Woodward and Scott Armstrong's 1979 book *The Brethren*, a fact disclosed upon Stewart's death in 1985. The book covers the Supreme Court from the 1969 term through the 1975 term, focusing on the Court's unanimous 1974 decision in *United States v. Nixon*, which ruled President Richard Nixon was legally obligated to turn over the Watergate tapes. Stewart is portrayed as the Supreme Court's ideological center alongside Hugo Black. The book begins with the 1969 retirement of Chief Justice Earl Warren; newly inaugurated President Richard Nixon considered nominating moderate Justice Potter Stewart for Chief Justice but ended up selecting Judge Warren Burger. Stewart served as the narrator for the book's account of the Court's deliberations during Warren Burger's early years as Chief Justice.
Reader's Guide
Potter Stewart's significance in *The Brethren* stems from his role as the book's primary source and his portrayal as the ideological center of the Supreme Court. The book covers the years from the 1969 term through the 1975 term, including the Court's unanimous 1974 decision in *United States v. Nixon*. Stewart was considered by President Richard Nixon for the Chief Justice position in 1969, but Nixon ultimately selected Warren Burger. The book portrays Stewart as the ideological center alongside Hugo Black, with John Marshall Harlan II and Byron White on the more conservative side, and William Douglas, William Brennan, and Thurgood Marshall on the left. Stewart's death in 1985 led to Woodward's disclosure that Stewart had been the primary source for *The Brethren*.
Did You Know?
- Potter Stewart was the primary source for Bob Woodward and Scott Armstrong's 1979 book *The Brethren*, disclosed upon his death in 1985.
- President Richard Nixon considered nominating Stewart for Chief Justice in 1969 but instead selected Warren Burger.
- Stewart is portrayed in *The Brethren* as the Supreme Court's ideological center alongside Hugo Black.
- The book covers the Court's unanimous 1974 decision in *United States v. Nixon*, which ruled President Nixon was legally obligated to turn over the Watergate tapes.
- Stewart's death in 1985 led Woodward to disclose that Stewart had been the primary source for *The Brethren*.
Frequently Asked Questions
Who is Potter Stewart?
Potter Stewart was an American legal scholar and jurist who served as an associate justice on the U.S. Supreme Court from 1958 until his retirement in 1981. He was recognized for his pragmatic, centrist approach to constitutional questions.
What is Potter Stewart's most famous contribution to legal language?
Stewart is widely credited with popularizing the phrase "I know it when I see it," which he used in a 1964 concurrence to describe how courts should evaluate obscenity under the First Amendment. The expression has since become one of the most quoted lines in American legal history.
What was Potter Stewart's role on the Warren and Burger Courts?
During the Warren Court era he often found himself in the minority, but as the Court's composition shifted under Chief Justice Burger, Stewart became a pivotal centrist swing vote. His votes frequently determined the outcome of closely divided decisions.
Why is Potter Stewart important to legal history?
Stewart made lasting contributions to criminal procedure, civil rights, access to justice, and Fourth Amendment search-and-seizure doctrine. His opinions helped shape modern standards for how the government must treat individuals in criminal proceedings.
When did Potter Stewart die and what followed his retirement?
Potter Stewart passed away on December 7, 1985, at the age of seventy. He had stepped down from the bench in 1981 and spent his final years in private life after a career that spanned law, military service, and the nation's highest court.
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