 Therefore, Congress can exclude a member only by a two-thirds vote to expel.Justice Stewart wrote a dissenting opinion that said that the case should not have been heard by the Supreme Court because the case was moot, as Powell had already been seated in the 91st Congress by the time the case was appealed to the Supreme Court.Justice Abe Fortas was embroiled in his own scandal at the time and so did not vote on this case.