392
Kennedy, J., dissenting
cedures are supported by various legitimate interests, so established rules have been set aside only when they appeared to be calculated to discriminate against federal law, or, as one treatise puts it, they did not afford the defendant "a reasonable opportunity to assert federal rights." 16B C. Wright, A. Miller, & E. Cooper, Federal Practice and Procedure § 4027, p. 392 (2d ed. 1996) (hereinafter Wright & Miller). See, e. g., Douglas v. Alabama, 380 U. S. 415, 422- 423 (1965) (rule requiring continuous repetition of identical constitutional objections); Staub v. City of Baxley, 355 U. S., at 317-318 (rule requiring defendant to challenge constitutionality of individual sections of statute); Davis v. Wechsler, 263 U. S. 22, 24 (1923) (rule waiving jurisdictional objections upon entry of appearance of federal defendant's successor-in-interest).
In light of this standard, the adequacy of Rule 24.10 has been demonstrated. Delays in criminal trials can be "a distinct reproach to the administration of justice," Powell v. Alabama, 287 U. S. 45, 59 (1932), and States have a strong interest in ensuring that continuances are granted only when necessary. Rule 24.10 anticipates that at certain points during a trial, important witnesses may not be available. In these circumstances, a continuance may be appropriate if the movant makes certain required representations demonstrating good cause to believe the continuance would make a real difference to the case.
The Court acknowledges, as it must, that Rule 24.10 does not discriminate against federal law or deny defendants a reasonable opportunity to assert their rights. Instead, the Rule "serves a governmental interest of undoubted legitimacy" in "arm[ing] trial judges with the information needed to rule reliably on a motion to delay a scheduled criminal trial." Ante, at 385. Nor is there any doubt Lee did not comply with the Rule, for the Missouri court's word on that state-law question is final. See Elmendorf v. Taylor, 10 Wheat. 152, 159-160 (1825) (Marshall, C. J.). The Court's
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