Bond v. United States (2011)

From Wikipedia, the free encyclopedia - View original article

Bond v. United States
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued February 22, 2011
Decided June 16, 2011
Full case nameCarol Anne Bond, Petitioner v. United States
Docket nos.09-1227
Citations564 U.S. ___ (more)
Prior historyDefendant convicted, 2-07-cr-00528-001 (E.D. Pa.); affirmed, 581 F.3d 128 (3d Cir. 2009); certiorari granted, 562 U. S. ___ (2010)
Subsequent historyCase
Court membership
Case opinions
MajorityKennedy, joined by unanimous
ConcurrenceGinsburg, joined by Breyer
Laws applied
U.S. Const. amend. X
 
Jump to: navigation, search
Bond v. United States
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued February 22, 2011
Decided June 16, 2011
Full case nameCarol Anne Bond, Petitioner v. United States
Docket nos.09-1227
Citations564 U.S. ___ (more)
Prior historyDefendant convicted, 2-07-cr-00528-001 (E.D. Pa.); affirmed, 581 F.3d 128 (3d Cir. 2009); certiorari granted, 562 U. S. ___ (2010)
Subsequent historyCase
Court membership
Case opinions
MajorityKennedy, joined by unanimous
ConcurrenceGinsburg, joined by Breyer
Laws applied
U.S. Const. amend. X

Bond v. United States, 564 U.S. ___ (2011), is a Tenth Amendment case; the Supreme Court of the United States decided in late June 2011 that standing can sometimes be established by individuals, not just states, when Tenth Amendment challenges are raised in objection to a federal law. The Court subsequently has agreed to hear Bond's petition regarding both the Constitution's federalism limitations on "Congress' ability to enact legislation" that enforces treaties and the interpretation of the scope of the Chemical Weapons Convention Implementation Act to avoid reviewing the decision in Missouri v. Holland.

Contents

Background

The husband of Carol A. Bond of Lansdale, Pennsylvania impregnated Myrlinda Haynes and Bond told Haynes "I am going to make your life a living hell." Federal postal inspectors videotaped Bond stealing mail and putting poison in the muffler of Haynes's car. Bond was indicted for stealing mail and for violation of the Chemical Weapons Convention Implementation Act of 1993. Her appeal argued that applying the chemical weapons treaty to her violated the Tenth Amendment.[1] The Court of Appeals found Bond lacked standing to make a Tenth Amendment claim.[2]

Decision

In a unanimous decision, the Supreme Court found that Bond had standing to argue that a federal statute enforcing the Chemical Weapons Convention in this instance intruded on areas of police power reserved to the states. Justice Kennedy reasoned that actions exceeding the federal government's enumerated powers undermine the sovereign interests of the states. Individuals seeking to challenge such actions are subject to Article III and prudential standing rules, but if the litigant is a party to an otherwise justiciable case or controversy, that litigant is not forbidden to object that her injury results from disregard of the federal structure of American government. The Court expressed no view on the merits of Bond's challenge to the federal statute and remanded the case to the Third Circuit Court of Appeals.[3]

Subsequent history

The Third Circuit, on remand, found that the Supreme Court's decision gave Bond standing to raise federalism questions about the federal government's power to enforce legislation that implements a treaty. However, the circuit court found that, under the 1920 Supreme Court precedent Missouri v. Holland, the legislation was indisputably valid because the treaty is valid.

Bond v. United States (2013)

The Supreme Court certified modified versions of both questions from Bond's subsequent appeal of the Third Circuit's new decision. The first asks whether the Constitution provides any limitations on federalism in the course of implementing via statute legally valid treaties. The second asks whether an interpretation of the Chemical Weapons Convention Implementation Act can be made to avoid reviewing Holland.

References

External links