Yes, governors in the United States have denied extradition requests, although it is rare and often politically controversial. Extradition between states is governed by the U.S. Constitution (Article IV, Section 2) and the Extradition Act of 1793, which require states to cooperate in returning fugitives. However, governors technically have some discretion in handling these requests.
Notable Examples:
1. Governor Jerry Brown (California, 2013)
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Case: Extradition request from Utah for a man convicted of violating probation related to polygamy.
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Action: Brown denied extradition, citing California's differing view on polygamy and concerns over fairness.
2. Governor Jesse Ventura (Minnesota, 2002)
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Case: Refused to extradite a Somali man accused of murder in Ohio.
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Reason: Concerned about the fairness of the trial process and due process rights in Ohio.
3. Governor Rick Perry (Texas, 2014)
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Case: Delayed the extradition of a man accused of murder in New Mexico.
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Action: Perry initially delayed but did not ultimately deny it permanently. However, it drew attention to gubernatorial discretion.
Can Governors Legally Deny Extradition?
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The U.S. Supreme Court ruled in Kentucky v. Dennison (1861) that governors were not legally compelled to comply.
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This was overturned by Puerto Rico v. Branstad (1987), where the Court held that federal courts can compel a governor to extradite a fugitive, reinforcing national unity under the Constitution.
Summary:
While governors can and have denied or delayed extradition, they may be forced by federal courts to comply if challenged. Denials usually involve political, legal, or humanitarian concerns, but they are not absolute or final under current law.
