By one reckoning, there are a group of fugitives in Illinois who are wanted alive and able to answer a quorum call in Texas. Article Four, Section Two says a state must extradite any person charged with a crime to the state making the charge if that state's executive authority demands extradition. Assume that some formal indictment or information must be made before this provision is triggered. Let's also assume that the Clause is operative if the fugitives flee in anticipation of a criminal charge rather than only after being charged. (The latter is the more natural reading of the text, but maybe that will be litigated.)
Can the federal courts enforce Article Four, Section Two? Is there any precedent for issuing an injunction against a state governor to return a fugitive to another state? I have no idea.
From WIkipedia: 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.
ReplyDeleteIt's interesting that the Branstad case says that a governor has no discretion to refuse a formal extradition request from another state. If this issue plays out in the courts with respect to Texas legislators holed up in Illinois, I wonder how Governor Pritzger will explain his refusal to act.
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