In The

Supreme Court of the United States




Decided June 23, 1987

Justice O’Connor, Concurring


Puerto Rico v. Branstad, 483 U.S. 219 (1987), was a case decided by the Supreme Court of the United States that ruled unanimously that federal courts have the power to enforce extraditions based on the Extradition Clause of Article Four of the United States Constitution. The decision overruled a prior decision in Kentucky v. Dennison, 24 How. 66 (1861), which had made federal courts powerless to order governors of other U.S. states to fulfill their obligations in the Extradition Clause.

Topic: Criminal Procedure*Court vote: 9–0
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Joining O'Connor opinion: Justice POWELL Justice POWELL
Holding: Federal courts have the power to enforce extraditions under the Extradition Clause.
Citation: 483 U.S. 219 Docket: 85–2116Audio: Listen to this case's oral arguments at Oyez

* As categorized by the Washington University Law Supreme Court Database

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JUSTICE O'CONNOR, with whom JUSTICE POWELL joins, concurring in part and concurring in the judgment.

I join Parts I, II-A, II-C, and III of the Court's opinion. Because the Court ultimately resolves this case under the Extradition Act, 18 U.S.C. § 3182, I do not find Part II-B, and its statements concerning the Extradition Clause of the Constitution, necessary to the decision of this case. Accordingly, I do not subscribe to that part of the Court's opinion. See, e.g., Jean v. Nelson, 472 U. S. 846, 472 U. S. 854 (1985); Kolender v. Lawson, 461 U. S. 352, 461 U. S. 361, n. 10 (1983); Ashwander v. TVA, 297 U. S. 288, 297 U. S. 347 (1936) (Brandeis, J., concurring).

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