Standing and Tenth Amendment

[Coyle, Dennis]

Interesting! I would think a conviction would provide that "personal stake" that is deemed lacking for a "mere taxpayer."

Dennis

On Oct 12, 2010, at 12:46 PM, Miller, Darrell (mille2di) wrote:

SCOTUS has granted cert on private party standing to assert Tenth Amendment claims (text below is from BNA):

• Bond v. United States, No. 09-1227. Does a defendant whose efforts to poison a romantic rival led to her conviction under 18 U.S.C. § 229 for possessing and using chemical weapons lack standing to challenge the statute on the ground that it unconstitutionally impinges upon state sovereignty?

Here is the disposition in the court below: http://www.ca3.uscourts.gov/opinarch/082677p.pdf

Darrell A.H. Miller
Associate Professor of Law
University of Cincinnati College of Law
PO Box 210040
Clifton Avenue & Calhoun Street
Cincinnati, OH 45221-0040
v: 513-556-0133
f: 513-556-1236
e: darrell.miller at uc.edu<mailto:darrell.miller at uc.edu>

faculty page:
http://www.law.uc.edu/faculty/profiles/miller.php

SSRN:
http://ssrn.com/author=1107305

_______________________________________________
To post, send message to Conlawprof at lists.ucla.edu<mailto:Conlawprof at lists.ucla.edu>
To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof

Please note that messages sent to this large list cannot be viewed as private.  Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.