Note, South Dakota v. Brown: Judicial Enforcement of Governor\u27s Duty to Extradite Fugitives

This Note focuses on the Brown court\u27s analysis of the issue of state court enforcement of the gubernatorial extradition duty imposed by the Extradition Act. It examines the court\u27s construction of the Act, as well as the court\u27s initial decision to frame the basic question addressed as solely one of statutory interpretation. The conclusion reached is that the Brown court\u27s analysis is a product of result-oriented judicial reasoning. This Note does not address the court\u27s handling of enforcement of the federally imposed duty nor the theoretical justifications for gubernatorial discretion in extradition of interstate fugitive