Congressional Digest

Supreme Court Debates December 2013 No. 9 Vol. 16
Virginia, Alabama, Alaska, Georgia, et al., Amici Curiae

Chemical Weapons in America

States’ Rights and Federal Treaty Power

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Virginia, Alabama, Alaska, Georgia, et al., Amici Curiae

E. Duncan Getchell, Jr., Counsel of Record

Virginia, Alabama, Alaska, and Georgia are joined in this brief by seven other States. E. Duncan Getchell, Jr. has served as solicitor general for the Commonwealth of Virginia since 2009. The following is excerpted from the Amicus Curiae Brief for Petitioner as submitted to the U.S. Supreme Court on May 15, 2013.   The Third Circuit in its opinion below believed that it was bound by Missouri v. Holland (1920) to uphold Petitioner’s conviction under 18 U.S. Code Section 229 against a claim that Congress had exceeded its constitutional powers. That belief rested on Holland’s statement that “if [a] treaty…

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