# Puerto Rico v. Branstad

> Supreme Court of the United States · June 23, 1987 · 483 U.S. 219

URL: https://www.frixlaw.com/law-library/cases/9431083

## Case

- **Full name:** PUERTO RICO v. BRANSTAD, GOVERNOR OF IOWA, Et Al.
- **Court:** Supreme Court of the United States
- **Decided:** June 23, 1987
- **Citations:** 483 U.S. 219; 55 U.S.L.W. 4975; 107 S. Ct. 2802; 97 L. Ed. 2d 187; 1987 U.S. LEXIS 2873
- **Precedential status:** Published
- **Opinion:** Concurrence by Scalia
- **Judges:** Marshall, Rehnquist, Brennan, White, Blackmun, Stevens, Ii-A, Ii-C, Powell, O'Connor, Scalia
- **Cited by:** 109 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9431083

## How later opinions describe it (automated extraction)

- holding that, “[b]eeause the duty is directly imposed upon the States by the Constitution itself, there can be no need to weigh the performance of the federal obligation against the powers reserved to the States under the Tenth Amendment”
- holding that, "[b]ecause the duty is directly imposed upon the States by the Constitution itself, there can be no need to weigh the performance of the federal obligation against the powers reserved to the States under the Tenth Amendment"
- rejecting the premise that states and the federal government should always be viewed as coequal sovereigns and explaining that “[i]t has long been a settled principle that federal courts may enjoin unconstitutional action by state officials.”

## Opinion text

Justice Scalia,
concurring in part and concurring in the judgment.
I concur in the result, and in the portions of the Court’s opinion applying 18 U. S. C. § 3182 and overruling Kentucky v. Dennison, 24 How. 66 (1861), insofar as it interpreted the predecessor of that statute. I note that no party before us has asserted the lack of power of Congress to require extradition from a State to a Territory.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9431083. Public record. Not legal advice.