Kesler v. Department of Public Safety of Utah/Concurrence Stewart

Mr. Justice STEWART, concurring in part.

For the reasons convincingly set forth in the dissenting opinion of The Chief Justice, I agree with him that a three-judge court should not have been convened in this case, and that consequently this appeal is not properly before us. I would therefore dismiss the appeal. Thompson v. Whittier, 365 U.S. 465, 81 S.Ct. 712, 5 L.Ed.2d 704. The Court, however, holds that this appeal is properly here, and on the merits of the litigation I agree with the Court's conclusion.

Mr. Chief Justice WARREN, dissenting.