Id. at
1717. Note that the three-justice concurrence disagreed with both of the majority's contentions. See
id. at 1723. In the concurrence, Justice Stevens declared, “First, the Court reaches beyond its holding, and beyond the facts of the case, by suggesting that the defense of necessity is unavailable for anyone under the Controlled Substances Act. … Second, the Court gratuitously casts doubt on ‘whether necessity can ever be a defense’ to any federal statute that does not explicitly provide for it, calling such a defense into question by a misleading reference to its existence as an ‘open question.’”
Id.Google Scholar