The Supreme Court Monday stepped back from the abyss.
By a vote of 6-3, it refused to invent limits on the federal government’s power to make and enforce treaties.
The case was Bond v. United States. This is the second installment of the soap opera of Carol Anne Bond. Bond’s husband and her best friend conceived a child. When she found out, Bond, a trained laboratory technician, turned to the hostile use of 10-chloro-10H-phenoxarsine and potassium dichromate, both deadly poisons. She smeared them on various doorknobs and car doors at Hayes’s house, on one occasion giving Hayes’s thumb a nasty burn. She also unwisely smeared them on Hayes’s mailbox, which is by law part of the U.S. Postal System. Postal inspectors posted security cameras and caught her on video.
Federal prosecutors proclaimed this “a very serious, scary case,” because Bond had stolen four pounds of potassium dichromate from her workplace. They charged her with theft of the mail—and violation of 18 U.S.C. § 229, the Chemical Weapons Convention Implementation Act of 1998.
On Monday a six-justice majority, in an opinion by Chief Justice John Roberts, told the government it had misread the statute to “sweep in everything from the detergent under the kitchen sink to the stain remover in the laundry room,” and “make it a federal offense to poison goldfish.” Roberts was joined by Justices Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan. All nine justices agreed that the government had gone too far in prosecuting Bond. The majority said the indictment violated the statute; Justices Antonin Scalia, Clarence Thomas, and Samuel Alito would have held the prosecution unconstitutional.