Kesler v. Department of Public Safety of Utah/Concurrence Stewart
United States Supreme Court
Kesler v. Department of Public Safety of Utah
Argued: Oct. 10, 1961. --- Decided: March 26, 1962
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.
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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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