Spring 2013 2L/3L Competition
The questions presented are:
1) Whether the Constitution's structural limits on federal authority impose any constraints on the scope of Congress' authority to enact legislation to implement a valid treaty, at least in circumstances where the federal statute, as applied, goes far beyond the scope of the treaty, intrudes on traditional state prerogatives, and is concededly unnecessary to satisfy the government's treaty obligations.
2) Whether the provisions of the Chemical Weapons Convention Implementation Act, 18 U.S.C. § 229, can be interpreted not to reach ordinary poisoning cases, which have been adequately handled by state and local authorities since the Framing, in order to avoid the difficult constitutional questions involving the scope of and continuing vitality of this Court's decision in Missouri v. Holland.
The decision below is reported at 681 F.3d 149 (3d Cir. 2012).
Matthew Letten '14 and Nafees Syed '14 will argue for the petitioner, Carol Bond. Christine Buzzard '13 and Andrew Tutt '13 will represent the respondent, the United States.
The final round panel will consist of Judge Thomas Griffith (D.C. Circuit), Judge Scott Matheson (Tenth Circuit), and Judge Christopher Droney (Second Circuit). A reception will follow the final found.