A Partial Defense of the Majority Opinion in Bond v. United States

Chief Justice Roberts’ majority opinion in Bond v. United States has been sharply criticized (see here and here), so I’ll say few words partially in its favor. The case has seemed odd from the beginning because the federal statute at issue implements the Chemical Weapons Convention and (as the majority says) the local misuse of household chemicals does not seem the type…

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New Mexico Ranchers Rally; Feds Still Deny Cattle Access to Water

Protesters gathered in southern New Mexico last weekend, hoping to attract national attention to the federal government’s refusal to allow cattle critical access to water. County commissioners told the crowd that the rights of citizens are “being trampled” by the U.S. Forest Service and other federal departments that claim authority over “public land.” In response…

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The President’s Power over Prisoners of War

Several excellent posts challenge the legality of the President’s exchange of five Taliban prisoners held at Guantanamo for a U.S. soldier held by the Taliban — see Josh Blackman here, Ilya Somin here (toward the bottom of the post), and especially Tim Sandefur here. As the posts explain, the exchange violated a U.S. statute that prohibits releasing any prisoners…

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North Carolina House Passes Bill to Withdraw from Common Core, 78-39

Raleigh, NC, June 4, 2014 — Today, the North Carolina House passed a bill that would end the state’s involvement in Common Core educational standards, effectively nullifying its implementation within the state. The vote was 78-39. House Bill 1061 (HB1061) went through two hectic days. On Tuesday, the House Education Committee rewrote the original bill…

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To the Governor’s Desk: NH anti-spying bill passes unanimously

CONCORD, N.H., June 4, 2014 – Today, the New Hampshire House and Senate gave final approval to a bill which bans government officials from obtaining “information contained in a portable electronic device” without a warrant “signed by a judge and based on probable cause.” It now goes to the Governor’s desk for a signature House…

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Bond v. United States and the Commerce Clause

Monday’s unanimous (on the result) Supreme Court decision in Bond v. United States uses federalism principles to rule against the federal prosecution of Carol Ann Bond, who attempted to injure a romantic rival with toxic chemicals.  Briefly: The majority (Chief Justice Roberts, writing for Justices Kennedy, Ginsburg, Breyer, Sotomayor and Kagan) thought the statute in question — implementing…

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