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May 20, 2019

Waiting for Godot ... Gundy

Waiting-for-godot1-740x1024With apologies to Samuel Beckett, the following script came to mind t capture how I am feeling after another morning of SCOTUS rulings without a decision in one interesting criminal case argued way back in early October:

ESTRAGON: Charming spot. (He refreshes SCOTUSblog.) Inspiring prospects. (He turns to Vladimir.) Let's do some other work.

VLADIMIR: We can't.

ESTRAGON: Why not?

VLADIMIR: We're waiting for Gundy.

ESTRAGON: (despairingly). Ah! (Pause.) You're sure it won't be DIGed?


ESTRAGON: That we might wait and wait and not get a ruling.

VLADIMIR: They said by June. (They look at the calendar.) Do you see any others cases taking this long?

ESTRAGON: What others?

VLADIMIR: I don't know. A civil case.

ESTRAGON: What about all the capital cases?

VLADIMIR:  What are you insinuating? That we've come to the wrong place?

ESTRAGON: It should be here by now.

VLADIMIR: Then didn't say for sure it'd come.

ESTRAGON: And if it doesn't come?

VLADIMIR: We'll come back next decision day.

ESTRAGON: And then the decision day after that.

VLADIMIR: Possibly.

ESTRAGON: And so on.

VLADIMIR: The point is—

ESTRAGON: Until Gundy comes.

May 20, 2019 at 10:33 AM | Permalink


Clever. Reminds me of the delivery joint in college that we came to refer to as Godot Pizza.

Posted by: Def. Atty. | May 20, 2019 11:37:48 AM

Not just Gundy. Of the five cases left from the Fall arguments, four have some criminal law related issue: Nieves on retaliatory arrest; Murphy on whether half of Oklahoma is an exclusive federal jursidiction; and Gamble on Dual Sovereign. (But we did get Herrera today on the other Native American treaty conflict with criminal law.)

While the Fall was a little bit heavy on interesting criminal law issues, these cases are taking a lot longer than one would expect. (Over the past three terms, only Gill took longer between argument and opinion than Gundy has taken so far.)

Posted by: tmm | May 20, 2019 1:23:27 PM

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