A testy exchange between Justice Stephen Breyer and Solicitor General Donald Verrilli Jr. “was not the only signal that the administration may have difficulty winning in the case of Bond v. United States, which began as a ‘lover’s triangle’ dispute from Pennsylvania but has mushroomed into a major test of the power of Congress to implement international treaties in ways that may interfere with the prerogatives of the 50 states.” [Tony Mauro, NLJ, Daniel Fisher, earlier on Bond] Michael Greve finds the administration’s stance “breathtakingly aggressive. … when the government stumbles into Court with no principle, rule, or line to cabin its assertion of power, it loses. That’s Lopez, that’s Morrison, that’s NFIB.” [Liberty Law] Related, Peter Spiro/OJ.
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[…] More views on Bond v. U.S., the treaty case [Nick Dranias, Oona Hathaway, Spiro et al/Opinio Juris, earlier] […]