Next for Supreme Court: A Tenth Amendment murder case?

Carol Bond, a trained microbiologist, set out to poison Myrlinda Haynes over several months with a rare and potentially lethal blend of toxic chemicals. But Haynes, who received only a minor injury, was unable to persuade local law enforcement officials to act on her suspicions. So she called in the feds.

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The U.S. attorney’s office in Philadelphia went after Bond with a “sledgehammer,” according to her lawyer, former Bush administration solicitor general Paul D. Clement: Prosecutors sent Bond to prison under the anti-terrorist statutes meant to enforce an international chemical-weapons treaty.

So more is at stake at the Supreme Court than simply a woman scorned and inventive lawyers. Bond says the federal government had no right to indict her, and she bases her claim on the 10th Amendment, the tea party favorite that specifies the limits of federal power…

Clement said that even if the court does not rule broadly on the 10th Amendment, it should at least give Bond the chance to argue that her vengeful actions should never have been prosecuted under the auspices of a treaty with a daunting title – the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction.

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