United States v. Juvenile Male 1

While I agree with the result reached by the majority, I cannot subscribe to its reasoning. In my view, the government’s certification “that there is a substantial Federal interest in the ease or the offense to warrant the exercise of Federal jurisdiction,” 18 U.S.C. § 5032, is not subject to judicial review. The “substantial Federal interest” inquiry is intended to channel prosecutorial discretion with respect to juvenile defendants, and is the sort of executive determination that should be immune from judicial oversight.

This conclusion follows directly from the language and structure of…