Can US States deny extradition of their residents to other US States? New York Governor Kathy Hochul will not extradite Doctor Margaret Daley Carpenter to Louisiana after Governor Jeff Landry signs Extradition Warrant

Up until a few months ago, when I first heard about this Louisiana case, I wasn’t aware that Governors had the power to deny extradition of residents (and fugitives from other states?) to other States.

On February 11, 2025 Louisiana Governor Jeff Landry signed an Extradition Warrant for Dr. Margaret Daley Carpenter (see Louisiana.gov website and video).

It appears that two days later, on February 13, 2025, New York Governor Kathy Hochul decided not to extradite (deny extradition) (see New York Times article) Doctor Margaret Daley Carpenter to Louisiana.

Brief summary of the alleged crime (in my own words):

• Dr. Margaret Carpenter works with a telemedicine abortion organization in New York.

• Dr. Margaret Carpenter lives in New York (or a resident of New York).

• Dr. Margaret Carpenter has not traveled to Louisiana nor has she ever been a resident of Louisiana.

• Dr. Margaret Carpenter sent abortion-inducing pills to a to pregnant teenager (under age 18) in Louisiana.  More specifically, the pills were sent to the teenager’s mother (39 years of age) who then allegedly gave the pills to her daughter.

• Abortion in Louisiana is illegal other than in cases of incest and rape.

• Abortion pills (i.e., mifepristone and misoprostolas) are considered to be dangerous controlled substances in Louisiana.  It is a crime in Louisiana to knowingly cause an abortion through medication

My thoughts on State to State extradition AND the NY and LA Governors are as follows:

I have experience in being a fugitive from justice (as they call it) and being extradited from one US State to another US State.  The Public Defenders and Attorneys always told me that extradition hearings weren’t about evidence of a crime or the crime itself, but rather the hearings were only to establish the following:

• Verifying that the US State requesting/demanding extradition does really and truly want to bring me back (e.g., sometimes the cost of extradition is a factor).

• Verifying that I am indeed the person named on the extradition warrant.

Contrary to the above, I am aware of a case from the 1980s in Iowa where two Iowa Governors (Governor Robert Ray and later Governor Terry Branstad) both denied extradition of a resident of Iowa (Ronald Calder) to Puerto Rico for first-degree homicide ( or murder) on the basis that a white man would not receive a fair trial in Puerto Rico.

However, the US Supreme Court in Puerto Rico v. Branstad, 483 U.S. 219 (1987), ruled unanimously that Federal Courts have the power to enforce extraditions based on the Extradition Clause of Article Four of the United States Constitution. The decision overruled a 1861 decision in Kentucky v. Dennison, which had made federal courts powerless to order Governors of other US States to fulfill their obligations in the Extradition Clause.

I don’t support New York Governor Kathy Hochul (and certainly not her COVID-19 policies during the Covid lockdowns and the reset)… but I do support the idea of US States having the power, or rights, to deny extradition of their residents (and also residents of other States) to other US States.

I do generally support Louisiana Governor Jeff Landry and I do support his right, or the rights of Louisiana, to issue an extradition warrant.

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