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 | |
Click any Justice for detail Joining O'Connor opinion:  Justice POWELL | ||
| Holding: “Federal courts have the power to enforce extraditions under the Extradition Clause.” | ||
| Citation: 483 U.S. 219 | Docket: 85–2116 | Audio: Listen to this case's oral arguments at Oyez |
* As categorized by the Washington University Law Supreme Court Database
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Opinion
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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