On June 2, 2014, the U.S. Supreme Court issued its opinion in Bond v. United States,1 a case addressing a fundamental question of federalism: When it comes to federal prosecutions, when does the government go too far?
The case arose inauspiciously in a small town in Pennsylvania and followed a winding road over seven years to the Supreme Court—twice. The case’s mundane origin—at the epicenter of a love triangle dominated by a betrayed wife—belied its significance. Carol Anne Bond caused a minor injury to Myrlinda Haynes—formerly her best friend and subsequently Bond’s husband’s pregnant lover—with a compound of toxic chemicals. Federal prosecutors charged her with a federal crime based on the Convention on Chemical Weapons, which bans the use and proliferation of chemical weapons. The court in Bond found that in making this ill-advised charging decision, federal prosecutors in the Eastern District of Pennsylvania violated the constitutional boundary separating state and federal police powers. The question now is to what extent Bond will form the basis for future challenges of federal charges involving crimes traditionally left to the states.
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