National Law Journal Quotes Pratik Shah on Supreme Court 10th Amendment Case

Akin Gump Supreme Court and appellate practice co-head Pratik Shah was quoted in The National Law Journal about Bond v. U.S., a case to be heard by the Supreme Court next month, which asks whether Congress exceeds its constitutional power to implement international treaties if the implementing legislation intrudes on a state’s traditional powers.

The case centers around Carol Anne Bond, a Pennsylvania woman, who tried to poison a former friend with deadly chemicals placed on her car door, mailbox and doorknob. Bond was arrested by postal inspectors and charged with violating the federal Chemical Weapons Convention Implementation Act of 1998 and mail theft. Her motions to dismiss the chemical weapons charges on the grounds that the act exceeded Congress’ powers were rejected and she was sentenced to federal prison.

In discussing how the Court might decide, Shah said the justices “can be creative in avoiding constitutional rulings” and may, as a result, vote narrowly if they want to avoid any sort of constitutional confrontation. Arguments are scheduled for November 5.