The defendant argued, in part, that the application of the law violated the Constitution's federalism limitations on the statutory implementation of treaties by Congress.

Carol Bond stole a poisonous chemical, 10–chlorophenoxarsine, from her employer (Rohm and Haas) and purchased potassium dichromate from the Internet.

[4] The Supreme Court concluded unanimously that Bond had standing to argue that a federal statute enforcing the Chemical Weapons Convention in that instance intruded on areas of police power reserved to the states.

Justice Kennedy reasoned that actions exceeding the federal government's enumerated powers undermine the sovereign interests of the states.

Individuals seeking to challenge such actions are subject to Article III and prudential standing rules, but if the litigant is a party to an otherwise-justiciable case or controversy, the litigant is not forbidden to object that the injury results from disregard of the federal structure of American government.