Mr . Justice Stewart on the Court of Appeals

I T HE NAMING of a new justice to the Supreme Court quite properly interests the country at large as well as the profession. What, we always want to know, has he said or done in the past? What, the reporters always ask, is his "judicial philosophy"P In the case of Mr. Justice Stewart, we perhaps ought to eschew the latter inquiry because he himself has told us: "I really don't know what it is."' It may be useful, however, even though we can answer the question no more positively than the new appointee, to look briefly at some aspects of his career on the Court of Appeals for the Sixth Circuit, on which he served for over four years immediately prior to his appointment. But first, the scanty vital statistics should be noted. Stewart's path is the well-worn one leading from Cincinnati to Yale College and Yale Law School, where he was graduated in 1941. As an undergraduate, he served as chairman of the Yale Daily News, and in law school, was the comment editor of the Yale Law Journal. After seeing duty with the Navy during the war, he finally landed back in Cincinnati for a period of practice before his initial judicial appointment in 1954.2 Of his intellectual comings and goings in this period, one knows little. As an undergraduate, Stewart announced for the Yale Daily News: "Because we believe wholeheartedly in the philosophy of the