Bond v. United States

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Bond v. United States

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Conference of June 13, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-158	3d Cir.	Nov 5, 2013 Tr.Aud.	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.

A narrow reading of chemical weapons ban for Bond: In Plain English (Amy Howe)
A “view” from the Court: Bad news for the Federal Circuit, good news for Bond (Mark Walsh)
Opinion analysis: World law and "romantic jealousy" (Lyle Denniston)
Little drama, more skepticism in treaty power case: In Plain English (Amy Howe)
Argument recap: A tense hour at the Court (Lyle Denniston)
Treaty power before the Court: In Plain English (Amy Howe)
Argument preview: New look at old precedent (Lyle Denniston)
Academic highlight: Questioning Congress's legislative authority to implement treaties (Amanda Frost)
Petition of the day (Ben Cheng)

Date	Proceedings and Orders (key to color coding)
Aug 1 2012	Petition for a writ of certiorari filed. (Response due September 3, 2012)
Aug 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.
Aug 29 2012	Order extending time to file response to petition to and including October 4, 2012.
Aug 31 2012	Brief amici curiae of Cato Institute, et al. filed.
Sep 4 2012	Brief amicus curiae of American Center for Law and Justice filed.
Oct 4 2012	Brief of respondent United States in opposition filed.
Oct 4 2012	Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed.
Oct 16 2012	Reply of petitioner Carol Anne Bond filed.
Oct 17 2012	DISTRIBUTED for Conference of November 2, 2012.
Nov 5 2012	DISTRIBUTED for Conference of November 9, 2012.
Nov 13 2012	DISTRIBUTED for Conference of November 20, 2012.
Nov 26 2012	DISTRIBUTED for Conference of November 30, 2012.
Dec 3 2012	DISTRIBUTED for Conference of December 7, 2012.
Dec 17 2012	DISTRIBUTED for Conference of January 4, 2013.
Jan 7 2013	DISTRIBUTED for Conference of January 11, 2013.
Jan 14 2013	DISTRIBUTED for Conference of January 18, 2013.
Jan 18 2013	Petition GRANTED.
Feb 6 2013	The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 8, 2013.
Feb 6 2013	The time to file respondent's brief on the merits is extended to and including August 9, 2013.
Apr 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.
May 8 2013	Joint appendix filed. (Statement of costs filed)
May 8 2013	Brief of petitioner Carol Anne Bond filed.
May 14 2013	Brief amicus curiae of Goldwater Institute Scharf-Norton Center for Constitutional Litigation filed.
May 15 2013	Brief amici curiae of U.S. Congressman Steve Stockman, et al. filed.
May 15 2013	Brief amicus curiae of American Center for Law and Justice filed.
May 15 2013	Brief amici curiae of Commonwealth of Virginia and the States of Alabama, et al. filed.
May 15 2013	Brief amicus curiae of Center for Individual Rights filed.
May 15 2013	Brief amicus curiae of Home School Legal Defense Association filed.
May 15 2013	Brief amicus curiae of Judicial Education Project filed.
May 15 2013	Brief amici curiae of Cato Institute, et al. filed.
Aug 7 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Aug 9 2013	Brief of respondent United States filed.
Aug 16 2013	Motion of Cato Institute, et al. for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 16 2013	Brief amici curiae of Professors Sarah H. Cleveland, and William S. Dodge filed.
Aug 16 2013	Brief amici curiae of Professors David M. Golove, Martin S. Lederman, and John Mikhail filed.
Aug 16 2013	Brief amicus curiae of Constitutional Accountability Center filed.
Aug 16 2013	Brief amici curiae of Chemical Weapons Convention Negotiators and Experts filed.
Aug 16 2013	Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed.
Aug 16 2013	Brief amicus curiae of American Chemistry Council filed.
Aug 16 2013	Brief amicus curiae of David Boyle filed.
Aug 16 2013	Brief amici curiae of Professors of International Law and Legal History filed.
Aug 16 2013	Brief amici curiae of Former State Department Legal Advisers filed. (Distributed)
Aug 19 2013	CIRCULATED.
Aug 20 2013	SET FOR ARGUMENT on Tuesday, November 5, 2013.
Aug 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.
Sep 4 2013	Application (13A237) granted by Justice Alito extending the time to file until September 16, 2013.
Sep 11 2013	Record from U.S.C.A. Third Circuit is electronic (Not PACER).
Sep 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.
Sep 16 2013	Reply of petitioner Carol Anne Bond filed. (Distributed)
Oct 7 2013	Motion of Cato Institute, et al. for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
Nov 5 2013	Argued. For petitioner: Paul D. Clement, Washington, D. C. For respondent: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C.
Jun 2 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.
Jul 7 2014	Judgment issued.

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The Supreme Court will release orders from the June 13 conference on Monday at 9:30 a.m.; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
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Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
- Azar v. Allina Health Services Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
- Fort Bend County, Texas v. Davis The charge-filing precondition to suit set out in Title VII of the Civil Rights Act of 1964 is not a jurisdictional requirement.
- Mont v. United States Pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
- Taggart v. Lorenzen A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
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Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- Klein v. Oregon Bureau of Labor and Industries (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
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Cases argued	69
Cases decided	42
Summary reversals	5
Merits cases granted to date	73

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