# Ted Stewart

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{{Short description|American judge (born 1948)}}
{{Infobox officeholder
| name                      = Ted Stewart
| office                    = [Senior Judge](/source/Senior_status) of the [United States District Court for the District of Utah](/source/United_States_District_Court_for_the_District_of_Utah)
| term_start                = September 1, 2014
| term_end                  =
| office1                   = Chief Judge of the [United States District Court for the District of Utah](/source/United_States_District_Court_for_the_District_of_Utah)
| term_start1               = 2011
| term_end1                 = 2014
| predecessor1              = [Tena Campbell](/source/Tena_Campbell)
| successor1                = [David Nuffer](/source/David_Nuffer)
| office2                   = Judge of the [United States District Court for the District of Utah](/source/United_States_District_Court_for_the_District_of_Utah)
| term_start2               = November 11, 1999
| term_end2                 = September 1, 2014
| appointer2                = [Bill Clinton](/source/List_of_federal_judges_appointed_by_Bill_Clinton)
| predecessor2              = [John Thomas Greene Jr.](/source/John_Thomas_Greene_Jr.)
| successor2                = [Howard C. Nielson Jr.](/source/Howard_C._Nielson_Jr.)
| pronunciation             = 
| birth_name                = Brian Theadore Stewart
| birth_date                = {{Birth date and age|1948|8|19}}
| birth_place               = [Logan, Utah](/source/Logan%2C_Utah), U.S.
| death_date                = 
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| partner                   = 
| relations                 = [Chris Stewart](/source/Chris_Stewart_(Utah_politician)) (brother)
| children                  = 
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| relatives                 = 
| education                 = [Utah State University](/source/Utah_State_University) ([BS](/source/Bachelor_of_Science))<br>{{nowrap|[University of Utah](/source/University_of_Utah) ([JD](/source/Juris_Doctor))}}
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}}

'''Brian Theadore Stewart''' (born August 19, 1948)<ref>{{Cite book|page=1446|title=Proceedings of a National Convention of Railroad Commissioners|volume=2|year=1991|author=National Association of Regulatory Utility Commissioners}}</ref> is a [senior](/source/Senior_status) [United States district judge](/source/United_States_federal_judge) of the [United States District Court for the District of Utah](/source/United_States_District_Court_for_the_District_of_Utah).

== Early life and education ==

Stewart was born in [Logan, Utah](/source/Logan%2C_Utah). He received a [Bachelor of Science](/source/Bachelor_of_Science) degree from [Utah State University](/source/Utah_State_University) in 1972 and a [Juris Doctor](/source/Juris_Doctor) from the [S.J. Quinney College of Law](/source/S.J._Quinney_College_of_Law) at the [University of Utah](/source/University_of_Utah).<ref name=fjc>{{FJC Bio|nid=1391021|inline=yes}}</ref>

== Career ==

From 1974 until 1980, Stewart worked in private legal practice in [Salt Lake City](/source/Salt_Lake_City). He then served as an assistant to Senator [Orrin Hatch](/source/Orrin_Hatch) in 1980, and then worked as an administrative assistant to Congressman [James V. Hansen](/source/James_V._Hansen) from 1981 until 1985. From 1985 until 1992, Stewart was a commissioner on the [Public Service Commission of Utah](/source/Public_Service_Commission_of_Utah). From 1993 until 1998, Stewart served as the executive director of Utah's Department of Natural Resources.<ref name=fjc/> From 1998 until becoming a federal judge in 1999, Stewart served as a chief of staff to then-Utah Governor [Mike Leavitt](/source/Mike_Leavitt).<ref name=fjc/><ref>{{cite web|url=https://www.latimes.com/archives/la-xpm-1999-aug-10-mn-64301-story.html|title=Clinton Calls on Senate to Confirm Judicial Nominees|first=SAM FULWOOD|last=III|date=10 August 1999|publisher=|via=LA Times}}</ref>

Stewart was a visiting professor at [Utah State University](/source/Utah_State_University) in 1991 and from 1994 to 1998. He was also a visiting professor at [Weber State University](/source/Weber_State_University) in 1997.<ref name="fjc" />

=== Federal judicial service ===

In mid-1999, President Bill Clinton nominated Stewart to federal district court to fill a seat vacated by Judge [John Thomas Greene Jr.](/source/John_Thomas_Greene_Jr.), who assumed [senior status](/source/senior_status) in November 1997.<ref name=fjc/><ref>{{cite web|url=http://thomas.loc.gov/cgi-bin/ntquery/z?nomis:106PN0045500:|title=PN455 - Nomination of Brian Theadore Stewart for The Judiciary, 106th Congress (1999-2000)|date=5 October 1999|website=thomas.loc.gov|access-date=28 May 2011|archive-date=17 December 2012|archive-url=https://web.archive.org/web/20121217100453/http://thomas.loc.gov/cgi-bin/ntquery/z?nomis:106PN0045500:|url-status=dead}}</ref> Clinton, a Democrat, nominated Stewart, a Republican, because Stewart was a friend of Senator [Orrin Hatch](/source/Orrin_Hatch) of Utah, and Hatch at that time was the chairman of the [United States Senate Committee on the Judiciary](/source/United_States_Senate_Committee_on_the_Judiciary).<ref name=NYT1999>{{cite news|url=https://www.nytimes.com/1999/09/22/us/in-odd-turn-democrats-stall-clinton-s-nominees.html|title=In Odd Turn, Democrats Stall Clinton's Nominees|first=Neil A.|last=Lewis|work=The New York Times |date=22 September 1999|publisher=|via=NYTimes.com}}</ref> Clinton did so as a courtesy to Hatch, hoping the gesture would encourage Republican senators to act to confirm many of the president's languishing judicial nominees.<ref name=NYT1999/>

However, Hatch demanded that Stewart be confirmed before senators could consider other judicial nominees.<ref name=NYT1999/> That enraged Senate Democrats, who refused to allow for a vote on Stewart. That prompted Republican senators to take the then very rare move of filing for [cloture](/source/cloture) on the nomination of a federal district judge. On September 21, 1999, Democrats unified to successfully filibuster Stewart's nomination, by a 55–44 vote on the Senate floor that may well have been the only successful filibuster ever on a federal district court nominee.<ref name=NYT1999/><ref>{{cite web|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=106&session=1&vote=00281|title=On the Cloture Motion (Cloture Motion: Nom. Brian T. Stewart of Utah, to be U.S. Dist. Judge)|website=www.senate.gov}}</ref>

Two weeks later, Democratic and Republican senators announced a deal that paved the way for votes on the nominations of Stewart and two other judicial nominees.<ref>{{Cite news|date=October 1, 1999|title= Standoff over Stewart ends on Hill Hatch cries victory as Demos lift their block on nominee|url=https://www.deseret.com/1999/10/2/19468511/standoff-over-stewart-ends-on-hill-br-hatch-cries-victory-as-demos-lift-their-block-on-nominee|website=deseret.com|access-date=May 29, 2023}}</ref> On October 5, 1999, the Senate confirmed Stewart by a 93–5 vote.<ref>{{cite web|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=106&session=1&vote=00308|title=On the Nomination (Confirmation, Brian T. Stewart, of Utah, to be U.S. District Judge)|website=www.senate.gov}}</ref> Stewart received his judicial commission on November 11, 1999.<ref name=fjc/> He served as chief judge  from 2011 to 2014. He assumed [senior status](/source/senior_status) on September 1, 2014.<ref name=fjc/>

===Notable case===

Stewart made the initial ruling in favor of the terms-of sale restrictions on the easement in the LDS plaza by the [Salt Lake Temple](/source/Salt_Lake_Temple).<ref>''Deseret News'', May 3, 2004</ref>

On August 1, 2023, Stewart dismissed a lawsuit brought by the [Free Speech Coalition](/source/Free_Speech_Coalition) against the state of Utah. The lawsuit claimed that a Utah law requiring an [age verification system](/source/age_verification_system) on websites containing pornography violated the [First Amendment](/source/First_Amendment_to_the_United_States_Constitution). The Free Speech Coalition stated that it would appeal Judge Stewart's ruling.<ref name="Tavss 2023">{{cite web |last=Tavss |first=Jeff |title=Judge dismisses lawsuit challenging Utah porn site age-verification law |website=[The Salt Lake Tribune](/source/The_Salt_Lake_Tribune) |date=August 1, 2023 | url=https://www.sltrib.com/news/politics/2023/08/01/judge-dismisses-lawsuit/ |access-date=August 10, 2023}}</ref><ref name="Metz 2023">{{cite web |last=Metz |first=Sam |title=Utah law requiring age verification for porn sites remains in effect after judge tosses lawsuit |website=[AP](/source/Associated_Press) |date=August 2, 2023 |url=https://apnews.com/article/porn-age-verification-lawsuit-dismissed-utah-23cf1851eeba6ca52ad3fdd0e846cb1f |access-date=August 10, 2023}}</ref>

== Personal ==

Stewart is a member of [The Church of Jesus Christ of Latter-day Saints](/source/The_Church_of_Jesus_Christ_of_Latter-day_Saints). With his brother, [Chris Stewart](/source/Chris_Stewart_(Utah_politician)), he wrote the book ''Seven Miracles That Saved America: Why They Matter and Why We Should Have Hope'', which was published in 2009, and the book ''The Miracle of Freedom: 7 Tipping Points that Saved the World'', which was published in 2011.<ref>{{cite web|url=http://stewart.house.gov/media-center/in-the-news/new-utah-congressman-has-ties-that-bind-family|title=New Utah congressman has ties that bind: family|date=23 January 2013|publisher=}}</ref> In 2017, he wrote the book ''Supreme Power: 7 Pivotal Supreme Court Decisions That Had a Major Impact on America''.

==References==
{{Reflist}}

==External links==
*{{FJC Bio|nid=1391021}}

{{s-start}}
{{s-legal}}
{{s-bef|before=[John Thomas Greene Jr.](/source/John_Thomas_Greene_Jr.)}}
{{s-ttl|title={{nowrap|Judge of the [United States District Court for the District of Utah](/source/United_States_District_Court_for_the_District_of_Utah)}}|years=1999–2014}}
{{s-aft|after=[Howard C. Nielson Jr.](/source/Howard_C._Nielson_Jr.)}}
{{s-bef|before=[Tena Campbell](/source/Tena_Campbell)}}
{{s-ttl|title={{nowrap|Chief Judge of the [United States District Court for the District of Utah](/source/United_States_District_Court_for_the_District_of_Utah)}}|years=2011–2014}}
{{s-aft|after=[David Nuffer](/source/David_Nuffer)}}
{{s-end}}

{{United States 10th Circuit senior district judges}}
{{Authority control}}

{{DEFAULTSORT:Stewart, Ted}}
Category:1948 births
Category:Living people
Category:20th-century American judges
Category:21st-century American judges
Category:American Latter Day Saints
Category:Judges of the United States District Court for the District of Utah
Category:People from Logan, Utah
Category:United States district court judges appointed by Bill Clinton
Category:University of Utah alumni
Category:Utah State University alumni
Category:Utah State University faculty

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Adapted from the Wikipedia article [Ted Stewart](https://en.wikipedia.org/wiki/Ted_Stewart) by Wikipedia contributors ([contributor history](https://en.wikipedia.org/wiki/Ted_Stewart?action=history)). Available under [Creative Commons Attribution-ShareAlike 4.0 International](https://creativecommons.org/licenses/by-sa/4.0/). Changes may have been made.
