Bond v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-158 | 3d Cir. | Nov 5, 2013 | Jun 2, 2014 | 9-0 | Roberts | OT 2013 |
Holding: Section 229 of the Chemical Weapons Convention Implementation Act of 1998, which criminalizes, among other things, the possession or use of "chemical weapons," does not reach Bond"s conviction for simple assault, arising from her efforts to poison her husband"s mistress by spreading chemicals on (among other things) her doorknob, causing only a minor burn that was easily treated with water.
Judgment: Reversed and remanded, 9-0, in an opinion by Chief Justice Roberts on June 2, 2014. Justice Scalia filed an opinion concurring in the judgement, in which Justice Thomas joined, and Justice Alito joined as to Part I. Justice Thomas filed an opinion concurring in the judgment, in which Justice Scalia joined, and which Justice Alito joined as to Parts I, II, and III. Justice Alito filed an opinion concurring in the judgement.
SCOTUSblog Coverage
- Opinion analysis: World law and "romantic jealousy" (Lyle Denniston, June 2, 2014)
- A view from the Court: Bad news for the Federal Circuit, good news for Bond (Mark Walsh, June 2, 2014)
- A narrow reading of chemical weapons ban for Bond: In Plain English (Amy Howe, June 2, 2014)
- Little drama, more skepticism in treaty power case: In Plain English (Amy Howe, November 6, 2013)
- Treaty power before the Court: In Plain English (Amy Howe, November 5, 2013)
- Argument recap: A tense hour at the Court (Lyle Denniston, November 5, 2013)
- Argument preview: New look at old precedent (Lyle Denniston, November 2, 2013)
- Academic highlight: Questioning Congress's legislative authority to implement treaties (Amanda Frost, August 21, 2013)
- Petition of the day (Ben Cheng, October 27, 2012)
| Date | Proceedings and Orders |
|---|---|
| 08/01/2012 | Petition for a writ of certiorari filed. (Response due September 3, 2012) |
| 08/24/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 08/29/2012 | Order extending time to file response to petition to and including October 4, 2012. |
| 08/31/2012 | Brief amici curiae of Cato Institute, et al. filed. |
| 09/04/2012 | Brief amicus curiae of American Center for Law and Justice filed. |
| 10/04/2012 | Brief of respondent United States in opposition filed. |
| 10/04/2012 | Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed. |
| 10/16/2012 | Reply of petitioner Carol Anne Bond filed. |
| 10/17/2012 | DISTRIBUTED for Conference of November 2, 2012. |
| 11/05/2012 | DISTRIBUTED for Conference of November 9, 2012. |
| 11/13/2012 | DISTRIBUTED for Conference of November 20, 2012. |
| 11/26/2012 | DISTRIBUTED for Conference of November 30, 2012. |
| 12/03/2012 | DISTRIBUTED for Conference of December 7, 2012. |
| 12/17/2012 | DISTRIBUTED for Conference of January 4, 2013. |
| 01/07/2013 | DISTRIBUTED for Conference of January 11, 2013. |
| 01/14/2013 | DISTRIBUTED for Conference of January 18, 2013. |
| 01/18/2013 | Petition GRANTED. |
| 02/06/2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 8, 2013. |
| 02/06/2013 | The time to file respondent's brief on the merits is extended to and including August 9, 2013. |
| 04/16/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 05/08/2013 | Joint appendix filed. (Statement of costs filed) |
| 05/08/2013 | Brief of petitioner Carol Anne Bond filed. |
| 05/14/2013 | Brief amicus curiae of Goldwater Institute Scharf-Norton Center for Constitutional Litigation filed. |
| 05/15/2013 | Brief amici curiae of U.S. Congressman Steve Stockman, et al. filed. |
| 05/15/2013 | Brief amicus curiae of American Center for Law and Justice filed. |
| 05/15/2013 | Brief amici curiae of Commonwealth of Virginia and the States of Alabama, et al. filed. |
| 05/15/2013 | Brief amicus curiae of Center for Individual Rights filed. |
| 05/15/2013 | Brief amicus curiae of Home School Legal Defense Association filed. |
| 05/15/2013 | Brief amicus curiae of Judicial Education Project filed. |
| 05/15/2013 | Brief amici curiae of Cato Institute, et al. filed. |
| 08/07/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| 08/09/2013 | Brief of respondent United States filed. |
| 08/16/2013 | Motion of Cato Institute, et al. for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 08/16/2013 | Brief amici curiae of Professors Sarah H. Cleveland, and William S. Dodge filed. |
| 08/16/2013 | Brief amici curiae of Professors David M. Golove, Martin S. Lederman, and John Mikhail filed. |
| 08/16/2013 | Brief amicus curiae of Constitutional Accountability Center filed. |
| 08/16/2013 | Brief amici curiae of Chemical Weapons Convention Negotiators and Experts filed. |
| 08/16/2013 | Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed. |
| 08/16/2013 | Brief amicus curiae of American Chemistry Council filed. |
| 08/16/2013 | Brief amicus curiae of David Boyle filed. |
| 08/16/2013 | Brief amici curiae of Professors of International Law and Legal History filed. |
| 08/16/2013 | Brief amici curiae of Former State Department Legal Advisers filed. (Distributed) |
| 08/19/2013 | CIRCULATED. |
| 08/20/2013 | SET FOR ARGUMENT on Tuesday, November 5, 2013. |
| 08/29/2013 | Application (13A237) to extend the time to file a reply brief on the merits from September 9, 2013 to September 16, 2013, submitted to Justice Alito. |
| 09/04/2013 | Application (13A237) granted by Justice Alito extending the time to file until September 16, 2013. |
| 09/11/2013 | Record from U.S.C.A. Third Circuit is electronic (Not PACER). |
| 09/11/2013 | Record from the USDC for the District of Pennsylvania is electronic and located on PACER. Parts of the record is Not On PACER, but still electronic. |
| 09/16/2013 | Reply of petitioner Carol Anne Bond filed. (Distributed) |
| 10/07/2013 | Motion of Cato Institute, et al. for leave to participate in oral argument as amicus curiae and for divided argument DENIED. |
| 11/05/2013 | Argued. For petitioner: Paul D. Clement, Washington, D. C. For respondent: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. |
| 06/02/2014 | Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, and in which Alito, J., joined as to Part I. Thomas, J., filed an opinion concurring in the judgment, in which Scalia, J., joined, and in which Alito, J., joined as to Parts I, II, and III. Alito, J., filed an opinion concurring in the judgment. |
| 07/07/2014 | Judgment issued. |
Issue: (1) Whether the Constitution”s structural limits on federal authority impose any constraints on the scope of Congress” authority to enact legislation to implement a valid treaty, at least in circumstances where the federal statute, as applied, goes far beyond the scope of the treaty, intrudes on traditional state prerogatives, and is concededly unnecessary to satisfy the government”s treaty obligations; and (2) whether the provisions of the Chemical Weapons Convention Implementation Act, 18 U.S.C. § 229, can be interpreted not to reach ordinary poisoning cases, which have been adequately handled by state and local authorities since the Framing, in order to avoid the difficult constitutional questions involving the scope of and continuing vitality of this Court”s decision in Missouri v. Holland.