The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, March 30, 1987
Decision: Tuesday, June 23, 1987
Issues: Criminal Procedure, Confrontation, Fugitive from Justice
Categories: criminal, extradition

Advocates

Brent R. Appel (Argued the cause for the respondents)
Lino J. Saldana (Argued the cause for the petitioner)

Facts of the Case

Ronald Calder was a native of Iowa working in Puerto Rico, He was charged with first degree murder and attempted murder. After posting bail, he fled to his home state. Puerto Rico submitted a petition to Branstad, Iowa's governor at the time, to extradite Calder for court proceedings. Branstad refused.

Question

Do federal courts have the power to order governors to fulfill obligations under the Constitution's Extradition Clause in Article IV, Section 2?

Conclusion

Yes. The Court overturned its decision in Kentucky v. Dennison (1861) which had rendered federal courts powerless to enforce the Extradition Clause. The unanimous Court concluded that the precedent in Kentucky was "the product of another age" and "fundamentally incompatible with more than a century of constitutional development."

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 9 votes for Puerto Rico, 0 vote(s) against
Legal Provision: Article 4, Section 2, Paragraph 2: Extradition Clause
Voted with the majority
Rehnquist
Voted with the majority
Brennan
Voted with the majority
White
Wrote the majority opinion
Marshall
Voted with the majority
Blackmun
Voted with the majority, joined O'Connor's concurrence
Powell
Voted with the majority
Stevens
Wrote a special concurrence
O'Connor
Wrote a special concurrence
Scalia
Full Opinion by Justice Thurgood Marshall

Cite this page

The Oyez Project, Puerto Rico v. Branstad, 483 U.S. 219 (1987),
available at: <http://www.oyez.org/cases/1980-1989/1986/1986_85_2116/>
(last visited ).