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On June 2, 2014, the Supreme Court decided Bond v. United States. The question in this case was twofold: First, whether the Constitution’s structural limits on federal authority place any constraints on Congress’ ability to enact legislation to implement a valid treaty in circumstances where the implementing law intrudes on traditional state prerogatives. The second question is whether the provisions of the Chemical Weapons Convention Implementation Act can be interpreted not to reach ordinary poisoning cases, which have traditionally been handled by state and local authorities. The Third Circuit had upheld the Convention’s application to the defendant in this case.

By a vote of 9-0, the Supreme Court reversed the judgment of the Third Circuit and remanded the case. In an opinion delivered by Chief Justice Roberts, the Court held that the provisions of the Chemical Weapons Convention Implementation Act, specifically ?18 U.S.C. § 229,? did not encompass Bond’s simple assault. As a result, the Court did not need to reach the issue of Congress’ power in implementing the Convention.
Justices Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan joined the opinion of the Court. Justice Scalia filed an opinion concurring in the judgment which Justice Thomas joined and Justice Alito joined as to part I. Justice Thomas filed an opinion concurring in the judgment which Justice Scalia joined and Justice Alito joined as to parts I, II, and III. Justice Alito filed an opinion concurring in the judgment. The decision of the Third Circuit was reversed.

To discuss the case, we have Nicholas Quinn Rosenkranz who is a Professor of Law at the Georgetown University Law Center.

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