While it was “questionable” that a spurned spouse’s alleged revenge plot became the subject of a federal prosecution under the law banning the use of chemical weapons, the U.S. Court of Appeals for the Third Circuit declined to say the Chemical Weapons Act was unconstitutional as applied in the case, it said in a lawsuit on remand from the U.S. Supreme Court.

Last year, the high court vacated the Third Circuit’s earlier ruling that Carol Anne Bond lacked standing to bring her claims of constitutional violations. Now, a panel has addressed the merits of the case, which stemmed from marital upheaval between Bond and her husband, who fathered a child with her friend, Myrlinda Haynes.

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