The Solicitor General’s Brief in Bond v. United States

Regular readers are familiar with Bond v. United States, the pending case that presents the question of whether, per Missouri v. Holland, a treaty can increase the legislative power of Congress. I posted about Paul Clement’s brief on behalf of Ms. Bond here, and I posted about my brief on behalf of the Cato Institute and other amici here.

The Solicitor General filed his brief last week, and it is now available here. Here is a taste (SG Brief at 47):

The Court should reject petitioner’s invitation (Br. 33) to overrule Holland. This Court has “always required a departure from precedent to be supported by some ‘special justification.’ ” United States v. IBM Corp., 517 U.S. 843, 856 (1996) (citation omitted). No such special justification is present here. And “[s]tare decisis has added force” when the Political Branches have “acted in reliance on a previous decision.” Hilton v. South Carolina Pub. Rys. Comm’n, 502 U.S. 197, 202 (1991). Since the founding, U.S. diplomats have negotiated with foreign powers armed with the assurance that the United States possesses the authority to ensure implementation of its treaty obligations, even in areas generally reserved to the States.

Read the whole thing.