Penn State International Law Review

First Paragraph

On August 31, 1995, in Lobue v. Christopher, a federal district court held that the statutory process for international extraditions from the United States is unconstitutional because it violates the doctrine of separation of powers. Under the extradition process, a so-called extradition magistrate, a member of the judiciary, makes a determination of extraditability. However, if the magistrate determines that the person is extraditable, the Secretary of State, an executive branch official, has sole discretion whether to extradite. The court concluded that it was unconstitutional for the statute to "confer upon the Secretary the authority to review the legal determinations of federal extradition judges."