Limitations
who encouraged the Supreme Court to give the interim appointment to Nathan, thinking that the addition of a famous legal scholar would be another enhancement to the stature of the court. These days, he says he’d like to donate Nathan’s body to science-while he’s still living. “Seriously, George. We need you around here. Don’t let this hairball’s threats give you second thoughts about staying on.”
    There is an unspoken issue. Rusty has controlled membership on the court for more than a decade and does not want anybody making an end run around him. If George were uninterested in retention, he owed the Chief word of that long ago.
    “It’s not that, Rusty. I’ve just been waiting for all the dust to settle with Patrice.”
    “Sure. But raising false hopes, you’ll end up making enemies you don’t need. Get the papers filed. And speaking of Nathan, what’s he up to on Warnovits? I read a bizarre item in the Tribune about your oral argument yesterday.”
    Like everybody else, Rusty finds the story of Koll’s sneak attack on Sapperstein hilarious.
    “So he’s going to dissent on those grounds?” Rusty asks.
    “Or concur separately.”
    The idea that George might vote to reverse catches the Chief short.
    “I think the limitations issue is tough, Rusty.”
    “Really?” Sabich’s eyes are open wide as he calculates. Among Rusty’s concerns as Chief is maintaining public respect for the court’s decisions. But there is a line here. The judges often ask one another about abstract legal issues, but it is out of bounds for a judge not sitting on a case to suggest an outcome.
    With no more said, Rusty waves George back onto the court. Halfway through the second game, with the score 10-10, George realizes that he does not have the juice to go on to a tiebreaker. His only hope for the match is to take this game. Before each point he stops to fill his lungs, exhorting himself to press all-out. Ahead 20 to 19, with the serve, George ends a long rally with a desperate lunge for a great passing shot Rusty has hit. The ball flips off George’s fingertips, arching up like a diver and plunging in slow motion to strike the very base of the front wall. George has won.
    “Oh, for God’s sake,” Rusty says. George has not beaten him two games to naught all year.
    George collects the ball and finds Rusty with his hand on the door.
    “So let me understand this. Koll votes to reverse because the videotape was inadmissible, you vote to reverse because of limitations, and Summer dissents on both grounds. Is that how this is breaking down?” George sags a little, realizing that his triumph was due in part to the Chief’s distraction with Warnovits.
    “That’s one scenario. I took the opinion, and I have no clue yet what I’m going to do, Russ.”
    “Well, that’s a relief. Look, George, don’t let Nathan mousetrap you on this thing.”
    “ ‘Mousetrap’?”
    “Play it out. Reverse on limitations grounds and what happens to the case?”
    “ Finito. ”
    “Right. But Nathan’s grounds?”
    George shrugs. He’s never gotten that far in his own mind.
    “Think about it,” the Chief says. “If you guys hold only that the tape was inadmissible, the prosecutors will be able to go back to square one. You’ll already have decided that there’s no limitations bar, and so under the statute, the P.A.’s office gets one year from the reversal to reindict the case with any violations that spring from the same criminal transaction. Right so far?”
    “I’m following.”
    “Which means the prosecutors will charge all four of these men for eavesdropping. Correct? Then the P.A. s will wait to see which defendant bangs down their door first to make a deal to testify about the rape. The worst of those boys will be charged with both crimes. And everybody ends up with convictions. Justice delayed,” Rusty says, “but not denied.
    “But go where you’re headed? Three separate opinions? We should just dial 911 right

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