Standing and Tenth Amendment
COYLE at law.edu
Tue Oct 12 10:40:35 PDT 2010
Interesting! I would think a conviction would provide that "personal stake" that is deemed lacking for a "mere taxpayer."
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
e: darrell.miller at uc.edu<mailto:darrell.miller at uc.edu>
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