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POTTER STEWART, 59, a Republican appointed by Eisenhower in 1959, once seemed mildly conservative but has since moved to middle ground and often votes against the Nixon bloc. A strong supporter of civil rights and First Amendment privileges, as in his dissents in pornography cases. The most aware, least ivory tower among the Justices. Pragmatically concerned with a decision's impact. A modest phrasemaker in an effort to give the public a handle on a case's difficulties (on defining obscenity: "I know it when I see it"; on court antitrust decisions: "The only consistency is that the Government always wins"). Has publicly praised the reporters who helped expose Watergate. Seemed an almost certain pro-Jaworski vote.
WILLIAM J. BRENNAN, 74, a Republican appointed by Eisenhower in 1957, has been a consistent liberal with a broad view of judicial powers. The court's only Roman Catholic, voted to end obstacles to abortion, then suffered through demands that he be excommunicated. Personally distrusts the press, and in recent years has generally avoided interviews, but devoutly defends First Amendment rights. Is known to dislike Nixon so much that three years ago, when tempted to resign in order to spend more time with his seriously ill wife, he decided to stay in office rather than let the President appoint another conservative. Considered a certain pro-Jaworski vote.
WILLIAM O. DOUGLAS, 75, a Democrat appointed by Franklin Roosevelt in 1939, holds the record for Supreme Court longevity; both he and his pacemaker seem to be going strong. Perhaps the most liberal and libertarian Justice in history as well, ever ready to strike a blow against those who abuse executive or legislative power ("I believe that any time an individual is coerced by his Government, he has an action"). Some law school professors criticize him for shortchanging his large talent and writing sloppy, ill-researched opinions, none of which fazes him in the least. However the court now rules, undoubtedly was tempted to write a characteristically abrasive opinion of his own. Appeared to be firmly pro-Jaworski.
THURGOOD MARSHALL, 66, a Democrat appointed by Lyndon Johnson in 1967, won a score of cases while representing the N.A.A.C.P. Legal Defense Fund before the Supreme Court prior to 1962, but now finds himself in the Burger Court's liberal minority. The court's best raconteur, who sometimes likes to jive groups of whites by lapsing ostentatiously into a broad black dialect. Has collected an informal panel of law professors and judges to help choose his clerks, who as a result are now usually the best in the building. Still impatient with legal complexities, preferring to go to the right or wrong of a situation as he sees it. Another activist who will have no difficulty concluding that the court has authority to decide the case. The most certain pro-Jaworski vote.
On rare occasions, of course, the Supreme Court has mocked prognosticates with a ruling contrary to all expert expectation. In the subpoena case, it was conceivable —barely— that the Justices could deadlock at 4 to 4. Legally, that would leave the original Sirica order in force, but politically it would be a kind of victory for Nixon. Another option was to return the case to Sirica on some