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et ee ars U.S’News & World Report | | Wit new Justice moving into the YS. Line-up now is five Eisenhower appointees, four pre-Eisenhower appointees. But don’t look for a basic shift in direction of Court's findings. Don't look for an end of controversy over the Court, either. New Justice, Potter Stewart, takes office at a time when the highest court_is under fire from_many directions. Segregation rulings are only one sore spot. State's rights is another. Supreme Court's pow- er is still another. The docket is loaded with touchy issues. President Eisenhower last week made his fifth appointment to the Supreme Court of the United States. Mr. Eisen- of the Court. The choice of Potter Stewart to be the fifth Eisenhower-appointed Justice will not_alter_the Court's complexion. His views on national and jucicial issues are reported to be rather close to those of fus- - tice Harold H. Burton, whom he replaces. A majority of the existing Supreme Court still is Democratic. And the court of teday is more deeply in controversy than at any time since the 1930s, when a Court with a Republican majority was under attack. The Court of 1935 and U.S. NEWS & WORLD REPORT, Oct. 17, 1958 ray _ __ POTTER. STEWART, pictured at Supreme Court building last week a See 1936 was attacked for taking. a narrow view of the powers of the Government in Washington. Today's Court is under attack for asserting an authority that critics contend makes both the Court and the central Government all-powerful. This clash between the power of the Supreme Court and that of individual States, as well as between the Supreme is expected to grow in intensity. “Radicals” vs. “conservatives.”-The record indicates that the Court itself does not divide along party lines. The division is between those Justices who are regarded as “conservative” in viewpoint and those often described as “radical.” Tar, newest, mencnee of the Su- preme Court, Potter Stewart, is __also the youngest. He is 43. For four years prior to his appointment by President Eisenhower last week, As- sociate Justice Stewart was a judge in the U.S. Court of Appeats. The young Justice-designate, who takes the post left vacant by the resignation of Justice Harold H. Burton, of Ohio, is also an Ohio resident. His father, James Garfield Stewart, now @ member of the Ohio supreme court, wasonce mayor of Cincinnati. He himself was a mem- arinnaeti oc t ber of the Cincinnati city council, and vice mayor of the city. He is a Leg MF A Yan SAE eC EE I TR Ae hie, ET.” lee AeA A I TE On the issue of racial segregation, i schools or elsewhere. there is ne divi sion. The Court dias been unanimous in insisting upon desegregation. Justice Stewart will bring no break i that solid front. The new Justice, when oon the Sixth Cirenit Court of Appeals. con curred ina decision hat ordered the school board of Hallsbore. Obie, ta put an end to a dist no that es. chided Negro pupils from white schools. He said in a separate: opinion: “The board's action was. therefore. not only unsupported by any color of State kew. but in knowing violation of the Cousti- tution of the U5." It is in other fields relating to federal ! Republican and was a strong sup- : porter of the late Senator Robert A. Taft for the Republican nomination =} for President in 1948 and 1952. . Other lawyers have a high regard for Justice Stewart as a lawyer and a judge. A spokesman for the Ameri- can Bar Association termed his ap- pointment to the Supreme Court “excellent.” The new Associate Justice gradu- ated with honors from Yale Univer- sity and Yale Law School. During World War IT, he served at sea with sg caret et ee the Navy. Senate confirmation is needed to [ make the appointment permanent. | a7 ye se ee 35