Lewis F. Powell

In office
January 7, 1972 – June 26, 1987
Preceded by	Hugo Black
Succeeded by	Anthony Kennedy
Nominated by	Richard M. Nixon
Born	September 19, 1907 Suffolk, Virginia
Died	August 25, 1998 Richmond, Virginia

Lewis Franklin Powell, Jr. (September 19, 1907 – August 25, 1998) was an Associate Justice of the Supreme Court of the United States. He developed a reputation as a judicial moderate, and was known as a master of compromise and consensus-building. Image File history File links Download high resolution version (1072x1393, 69 KB) Description Official portrait of Justice Lewis Franklin Powell, Jr. ... January 7 is the seventh day of the year in the Gregorian calendar. ... 1972 (MCMLXXII) was a leap year starting on Saturday. ... June 26 is the 177th day of the year (178th in leap years) in the Gregorian Calendar, with 188 days remaining. ... 1987 (MCMLXXXVII) was a common year starting on Thursday of the Gregorian calendar. ... Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ... For other people of the same name, see Anthony Kennedy (disambiguation). ... Richard Milhous Nixon (January 9, 1913 – April 22, 1994) was the 37th President of the United States, serving from 1969 to 1974. ... September 19 is the 262nd day of the year (263rd in leap years). ... 1907 (MCMVII) was a common year starting on Tuesday (see link for calendar) of the Gregorian calendar (or a common year starting on Wednesday of the 13-day-slower Julian calendar). ... Motto: Nickname: Map Political Statistics Founded 1742 Incorporated Independent city Mayor Bobby L. Ralph Geographic Statistics Area  - Total  - Land  - Water 1,111. ... August 25 is the 237th day of the year in the Gregorian Calendar (238th in leap years), with 128 days remaining. ... 1998 (MCMXCVIII) was a common year starting on Thursday of the Gregorian calendar, and was designated the International Year of the Ocean. ... Flag Seal Nickname: River City Motto: Sic Itur Ad Astra Location Location in the Commonwealth of Virginia Coordinates , Government Country State County United States Virginia Independent City Mayor L. Douglas Wilder (D) Geographical characteristics Area     City 62. ... September 19 is the 262nd day of the year (263rd in leap years). ... 1907 (MCMVII) was a common year starting on Tuesday (see link for calendar) of the Gregorian calendar (or a common year starting on Wednesday of the 13-day-slower Julian calendar). ... August 25 is the 237th day of the year in the Gregorian Calendar (238th in leap years), with 128 days remaining. ... 1998 (MCMXCVIII) was a common year starting on Thursday of the Gregorian calendar, and was designated the International Year of the Ocean. ... Associate Justices of the United States Supreme Court are the members of that court other than the Chief Justice. ... The Supreme Court of the United States is the highest judicial body in the United States and leads the judicial branch of the United States federal government. ...

Early life

Powell was born in Suffolk, Virginia. He attended Washington and Lee University, garnering both an undergraduate and a law degree from that university. He was elected president of student body as an undergraduate and was a member of Phi Kappa Sigma. At a leadership conference, he met Edward R. Murrow and they became close friends. He attended Harvard Law School for a master's degree. Motto: Nickname: Map Political Statistics Founded 1742 Incorporated Independent city Mayor Bobby L. Ralph Geographic Statistics Area  - Total  - Land  - Water 1,111. ... Washington and Lee University is a private liberal arts college in Lexington, Rockbridge County, Virginia, located adjacent to Virginia Military Institute. ... ΦΚΣ (Phi Kappa Sigma) is an international college fraternity. ... Edward R. Murrow, U.S. newscaster, pioneer in broadcast journalism Edward R. Ed Murrow (born Egbert Roscoe Murrow), (April 25, 1908 – April 27, 1965) was an American journalist. ... Harvard Law School (HLS) is one of the professional graduate schools of Harvard University. ...

During World War II, he spent more than three years in Europe and North Africa. He started as a First Lieutenant, but rose to the rank of Colonel. He worked mostly in intelligence, decoding German messages. This article is becoming very long. ...

Powell was a partner for over a quarter of a century at Hunton, Williams, Gay, Powell and Gibson, a large Virginia law firm, with its primary office in Richmond (now known as Hunton & Williams). He was the firm's managing partner for a number of years. Powell practiced primarily in the areas of corporate law (especially in the field of mergers and acquisitions) and in railway litigation law. Flag Seal Nickname: River City Motto: Sic Itur Ad Astra Location Location in the Commonwealth of Virginia Coordinates , Government Country State County United States Virginia Independent City Mayor L. Douglas Wilder (D) Geographical characteristics Area     City 62. ... // Hunton & Williams LLP Founded in 1901, Hunton & Williams LLP is a US law firm that employs more than 850 attorneys. ...

In 1936, he married Josephine Pierce Rucker. They had three daughters and one son. Powell's wife died in 1996. 1936 (MCMXXXVI) was a leap year starting on Wednesday (link will take you to calendar). ... 1996 (MCMXCVI) was a leap year starting on Monday of the Gregorian calendar, and was designated the International Year for the Eradication of Poverty. ...

Virginia government

Powell also played an important role in local community affairs. From 1952 to 1961, he was Chairman of the Richmond School Board. Powell presided over the school board at a time when the Commonwealth of Virginia was locked in a campaign of defiance against the Supreme Court's decision in Brown v. Board of Education. (Interestingly, Powell's law firm had represented one of the defendant school districts in the case that was decided by the U.S. Supreme Court under the "Brown" label. Powell did not take any part in his law firm's representation of that client school district. The lawsuit, Davis v. County School Board of Prince Edward County, later became one of the five cases decided under the caption Brown v. Board of Education before the Supreme Court of the United States in 1954.) The Richmond School Board had no authority at the time to force integration, however, as control over attendance policies had been transferred to the state government. Powell, like most white Southern leaders of his day, did not speak out against the state's defiance, though he would foster a close relationship with many black leaders, such as civil rights lawyer Oliver Hill, some of whom offered key support for Powell's nomination. Powell proudly swore in Virginia's first black governor, Douglas Wilder, in 1991. This school division contains schools located in Richmond, Virginia. ... Holding Racial segregation of students in public schools violates the Equal Protection Clause of the Fourteenth Amendment, because separate facilities are inherently unequal. ... Davis v. ... Holding Racial segregation of students in public schools violates the Equal Protection Clause of the Fourteenth Amendment, because separate facilities are inherently unequal. ... The Supreme Court of the United States is the highest judicial body in the United States and leads the judicial branch of the United States federal government. ... 1954 (MCMLIV) was a common year starting on Friday of the Gregorian calendar. ... Civil rights or positive rights are those legal rights retained by citizens and protected by the government. ... Civil rights pioneer Oliver Hill honored at dedication ceremony at Virginia s Capitol Square in Richmond in October, 2005 Oliver White Hill (born May 1, 1907) is best known as a civil rights attorney from Richmond, Virginia, United States. ... Lawrence Douglas Wilder (born January 17, 1931) is an American politician. ...

Powell was President of the American Bar Association during the year 1964-1965, where he enjoyed an enormously productive tenure. Powell led the way in attempting to provide legal services to the poor, and he made a key decision to cooperate with the federal government's Legal Services Program. American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers which is not specific to any jurisdiction in the United States. ...

Powell was involved in the development of Colonial Williamsburg, where he was both a trustee and general counsel. In 1971, he wrote the famous Powell Memorandum to a friend at the U.S. Chamber of Commerce. The memo called for corporate America to become more aggressive in molding politics and law in the U.S. and may have sparked the formation of one or more influential right-wing think tanks. View of Duke of Gloucester Street Colonial Williamsburg is the historic district of the independent city of Williamsburg, Virginia. ... Powell Memorandum In 1971, Justice Powell wrote the famous Powell Memorandum to a friend at the U.S. Chamber of Commerce. ... The U.S. Chamber of Commerce is the worlds largest not-for-profit business federation, representing 3,000,000 businesses 2,800 state and local chambers 830 business associations They are staffed with policy specialists, lobbyists and lawyers. ... This article is about the institution. ...

The Powell Memorandum

In August 1971, prior to accepting Nixon's request to become Associate Justice of Supreme Court, Lewis Powell had sent to the leadership of the U.S. Chamber of Commerce the "Confidential Memorandum", better known as Powell Memorandum, and still under the radar of general public. It sounded an alarm with its title, "Attack on the American Free Enterprise System." The previous decade had seen the increasing regulation of many industries and, as Powell argued, "The most disquieting voices joining the chorus of criticism came from perfectly respectable elements of society: from the college campus, the pulpit, the media, the intellectual and literary journals, the arts and sciences, and from politicians." In the memorandum, Powell advocated "constant surveillance" of textbook and television content, as well as a purge of left-wing elements.

In an extraordinary prefiguring of the social goals of business that would be felt over the next three decades, Powell set his main goal: Changing how individuals and society think about the corporation, the government, the law, the culture, and the individual became, and would remain, a major goal of business.

He had been a board member of Philip Morris between 1964 until his appointment in 1971, and had acted as a contact point for the tobacco industry with the Virginia Commonwealth University. Through his law firm, Hunton Williams Gay Powell & Gibson (later just Hunton & Williams) he represented the Tobacco Institute and the various tobacco companies in numerous law cases.

Supreme Court tenure

In 1969 President Nixon asked him to join the Supreme Court; Powell turned him down. In 1971 Nixon asked him again. Powell was unsure but Nixon and his Attorney General, John Mitchell, persuaded him joining the Court was his duty to his nation. One of the primary concerns Powell had was the effect leaving his law firm and joining the high court would have on his personal financial status, as he enjoyed a very lucrative private practice at his law firm. 1969 (MCMLXIX) was a common year starting on Wednesday (the link is to a full 1969 calendar). ... Richard Milhous Nixon (January 9, 1913 – April 22, 1994) was the 37th President of the United States, serving from 1969 to 1974. ... 1971 (MCMLXXI) was a common year starting on Friday (the link is to a full 1971 calendar). ... The name John Mitchell can refer to several different people. ...

He and William Rehnquist were nominated by President Nixon on the same day to serve on the court. Powell took over the seat of Hugo Black. On the day of Powell's swearing-in, when Rehnquist's wife Nan asked Josephine Powell if this was the most exciting day of her life, Josephine reportedly said, "No, it is the worst day of my life. I am about to cry." William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist and political figure, who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ... Richard Milhous Nixon (January 9, 1913 – April 22, 1994) was the 37th President of the United States, serving from 1969 to 1974. ... Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ...

Lewis Powell served from January 7, 1972 until June 26, 1987, when he resigned. January 7 is the seventh day of the year in the Gregorian calendar. ... 1972 (MCMLXXII) was a leap year starting on Saturday. ... June 26 is the 177th day of the year (178th in leap years) in the Gregorian Calendar, with 188 days remaining. ... 1987 (MCMLXXXVII) was a common year starting on Thursday of the Gregorian calendar. ...

Powell compiled a decidedly moderate record on the Court, cultivating a reputation as a swing vote with a penchant for compromise. For example, his opinion in Regents of the University of California v. Bakke (1978) joined by no other justice, represented a compromise between the opinions of Justice William J. Brennan, who, joined by three other justices, would have upheld affirmative action programs under a lenient judicial test, and the opinion of John Paul Stevens, also joined by three justices, who would have struck down the affirmative action program at issue in the case under the Civil Rights Act of 1964. Powell's opinion striking down the law urged that "strict scrutiny" be applied to affirmative action programs, while hinting that some affirmative action programs might pass Constitutional muster. Powell, who dissented in the case of Furman v. Georgia (1972), striking down capital punishment statutes, was a key mover behind the Court's compromise opinion in Gregg v. Georgia (1976), which allowed the return of capital punishment but only with procedural safeguards. Regents of the University of California v. ... William J. Brennan, official portrait, 1976. ... John Paul Stevens (born April 20, 1920) is an American jurist and the senior Associate Justice of the U.S. Supreme Court. ... President Johnson signs the Civil Rights Act of 1964. ... Holding The arbitrary and inconsistent imposition of the death penalty violates the Eighth and Fourteenth Amendments, and constitutes cruel and unusual punishment. ... Holding The imposition of the death penalty does not, automatically, violate the Eighth and Fourteenth Amendment, lower courts judgement is affirmed. ...

In the notorious case of U.S. v. Snepp (1980), the Court issued a per curiam opinion imposing a constructive trust upon former CIA agent Frank Snepp and forcing him to preclear all his published writings with the CIA for the rest of his life. In 1997, Snepp gained access to the files of Justices Thurgood Marshall (who had already died) and William Brennan (who voluntarily granted Snepp access), and confirmed his suspicion that Powell had been the author of the per curiam opinion. Snepp also discovered that Powell was so biased against him (because he saw Snepp as precisely the kind of dissenter that he disliked in general) that Powell had never checked his own misstatements of the factual record against the actual case file; the only Justice who even looked at the case file was John Paul Stevens, who relied upon it in composing his dissent.^[1] A per curiam decision (or opinion) is a ruling handed down by a court with multiple judges in which the decision was made by the court acting as a whole, as opposed to statements made by individual judges. ... Frank Warren Snepp (born 3 May 1943, Kinston, North Carolina) is a journalist and former chief analyst of North Vietnamese strategy for the CIA in Saigon during the Vietnam War. ... Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American jurist and the first African American to serve on the Supreme Court of the United States. ... William Joseph Brennan (April 25, 1906 - July 24, 1997) was an Associate Justice of the Supreme Court of the United States. ... John Paul Stevens (born April 20, 1920) is an American jurist and the senior Associate Justice of the U.S. Supreme Court. ...

Bowers v. Hardwick

Powell was the swing vote in Bowers v. Hardwick, 478 U.S. 186 (1986), opting to go with the majority ruling which upheld Georgia's sodomy laws. He was reportedly distressed over how to vote. A conservative clerk advised him to uphold the ban, and Powell, who believed he had never met a gay person (not realizing that one of his own clerks was a closeted homosexual), voted to uphold Georgia's law, though Powell in a concurring opinion expressed concern at the length of the prison terms prescribed by the law. [1] Holding A Georgia law prohibiting sodomy was valid because there was no constitutionally protected right to engage in homosexual sodomy. ... Holding A Georgia law prohibiting sodomy was valid because there was no constitutionally protected right to engage in homosexual sodomy. ... A sodomy law is a law which makes certain sexual acts into sex crimes. ... For other uses, see Gay (disambiguation). ...

It was not until 2003, 17 years later, that the Supreme Court directly overruled Bowers in the Lawrence v. Texas, 539 U.S. 558 (2003) decision and held that anti-sodomy laws are unconstitutional. Holding A Texas law prohibiting homosexual sodomy violated the liberty under the Fourteenth Amendment of adults to engage in private intimate conduct. ... // Case citation is the system used in common law countries such as the United States, England and Wales, Canada, New Zealand, Australia and India to uniquely identify the location of past court cases in special series of books called reporters or law reports. ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ...

In 1990, after his retirement from the Court, he said, "I think I made a mistake in the Hardwick case," marking one of the few times a justice expressed regret for one of his previous votes. [2] This article is about the year. ...

Powell also expressed post-retirement regret over his majority opinion in McCleskey v. Kemp, where he voted to uphold the death penalty against a study purporting to confirm that the penalty was applied disproportionately to African-Americans. This article is being considered for deletion in accordance with Wikipedias deletion policy. ... Capital punishment, or the death penalty, is the execution of a convicted criminal by the State as punishment for crimes known as capital crimes or capital offenses. ...

Retirement

Powell was nearly 80 years old when he resigned his position as Supreme Court justice. He was succeeded by Anthony Kennedy. Kennedy was the third nominee for his position. The first, Robert Bork, was not confirmed by the Senate. The second, Douglas H. Ginsburg, withdrew his name from consideration after admitting to having smoked marijuana both as a college undergraduate and as a law professor with his students. For other people of the same name, see Anthony Kennedy (disambiguation). ... Robert Bork Robert Heron Bork (born March 1, 1927 in Pittsburgh, Pennsylvania) is a conservative American legal scholar who advocates the judicial philosophy of originalism. ... Douglas H. Ginsburg Douglas Howard Ginsburg (born May 25, 1946) is the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit. ...

Following his retirement from the high court, Powell sat regularly on various United States Courts of Appeals around the country, especially enjoying sitting on circuit courts venued in temperate climes during the winter months. The United States Courts of Appeals (or circuit courts) are the mid-level appellate courts of the United States federal court system. ...

Justice Powell died at his home in the Windsor Farms area of Richmond, Virginia, of pneumonia, at 4:30 in the morning of August 25, 1998, at the age of 90. He is buried in Richmond's Hollywood Cemetery. Windsor Farms is a 20th century neighborhood in Richmond, Virginia of primarily Colonial Revival design. ... Flag Seal Nickname: River City Motto: Sic Itur Ad Astra Location Location in the Commonwealth of Virginia Coordinates , Government Country State County United States Virginia Independent City Mayor L. Douglas Wilder (D) Geographical characteristics Area     City 62. ... August 25 is the 237th day of the year in the Gregorian Calendar (238th in leap years), with 128 days remaining. ... 1998 (MCMXCVIII) was a common year starting on Thursday of the Gregorian calendar, and was designated the International Year of the Ocean. ... A view of Hollywood Cemetery and Presidents Circle Hollywood Cemetery is a large, sprawling cemetery in Richmond, Virginia, characterized by rolling hills and winding paths overlooking the James River. ...

In her 2002 book, The Majesty of the Law, Justice Sandra Day O'Connor wrote, "For those who seek a model of human kindness, decency, exemplary behavior, and integrity, there will never be a better man." For album titles with the same name, see 2002 (album). ... Sandra Day OConnor (born March 26, 1930) is a former American jurist and politician who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. ...

The Burger Court
1972–1975:	Wm. O. Douglas | Wm. J. Brennan | P. Stewart | B. White | T. Marshall | H. Blackmun | L.F. Powell, Jr. | Wm. Rehnquist
1975–1981:	Wm. J. Brennan | P. Stewart | B. White | T. Marshall | H. Blackmun | L.F. Powell, Jr. | Wm. Rehnquist | J.P. Stevens
1981–1986:	Wm. J. Brennan | B. White | T. Marshall | H. Blackmun | L.F. Powell, Jr. | Wm. Rehnquist | J.P. Stevens | S.D. O'Connor
The Rehnquist Court
1986–1987:	Wm. J. Brennan | B. White | T. Marshall | H. Blackmun | L.F. Powell, Jr. | J.P. Stevens | S.D. O'Connor | A. Scalia

Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ... To become a Justice on the Supreme Court of the United States, an individual must be nominated by the President of the United States and approved by the U.S. Senate, with at least half of that body approving in the affirmative. ... January 7 is the seventh day of the year in the Gregorian calendar. ... 1972 (MCMLXXII) was a leap year starting on Saturday. ... June 26 is the 177th day of the year (178th in leap years) in the Gregorian Calendar, with 188 days remaining. ... 1987 (MCMLXXXVII) was a common year starting on Thursday of the Gregorian calendar. ... For other people of the same name, see Anthony Kennedy (disambiguation). ... Warren Earl Burger (September 17, 1907 – June 25, 1995) was Chief Justice of the United States from 1969 to 1986. ... Image File history File links Seal_of_the_United_States_Supreme_Court. ... William Orville Douglas (October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice. ... William J. Brennan, official portrait, 1976. ... Justice Potter Stewart Potter Stewart (January 23, 1915 – December 7, 1985) was an Associate Justice of the United States Supreme Court. ... Byron White, official portrait. ... Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American jurist and the first African American to serve on the Supreme Court of the United States. ... Justice Harry Blackmun Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an Associate Justice of the Supreme Court of the United States from 1970 to 1994. ... William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist and political figure, who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ... William J. Brennan, official portrait, 1976. ... Justice Potter Stewart Potter Stewart (January 23, 1915 – December 7, 1985) was an Associate Justice of the United States Supreme Court. ... Byron White, official portrait. ... Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American jurist and the first African American to serve on the Supreme Court of the United States. ... Justice Harry Blackmun Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an Associate Justice of the Supreme Court of the United States from 1970 to 1994. ... William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist and political figure, who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ... John Paul Stevens (born April 20, 1920) is an American jurist and the senior Associate Justice of the U.S. Supreme Court. ... William J. Brennan, official portrait, 1976. ... Byron White, official portrait. ... Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American jurist and the first African American to serve on the Supreme Court of the United States. ... Justice Harry Blackmun Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an Associate Justice of the Supreme Court of the United States from 1970 to 1994. ... William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist and political figure, who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ... John Paul Stevens (born April 20, 1920) is an American jurist and the senior Associate Justice of the U.S. Supreme Court. ... Sandra Day OConnor (born March 26, 1930) is a former American jurist and politician who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. ... William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist and political figure, who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ... William J. Brennan, official portrait, 1976. ... Byron White, official portrait. ... Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American jurist and the first African American to serve on the Supreme Court of the United States. ... Justice Harry Blackmun Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an Associate Justice of the Supreme Court of the United States from 1970 to 1994. ... John Paul Stevens (born April 20, 1920) is an American jurist and the senior Associate Justice of the U.S. Supreme Court. ... Sandra Day OConnor (born March 26, 1930) is a former American jurist and politician who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. ... Antonin Gregory Scalia (born March 11, 1936) is an American jurist and the second most senior Associate Justice of the Supreme Court of the United States. ...

External links

• Text of the Powell's Memorandum

References

1. ^ Frank Snepp, Irreparable Harm: A Firsthand Account of How One Agent Took On the CIA in an Epic Battle Over Secrecy and Free Speech (New York: Random House, 1999), 349-350.