Touro Law Review


This Comment demonstrates that the Supreme Court is lying to you in its opinions. Why is it lying? The short answer to this question is quite simple: It is being silly.

There is nothing inherently wrong with being silly. In fact, some praise silliness, as a heightened and healthy understanding of the indeterminate world that incorporates our reality. Silliness, how ever, is only praise-worthy when it is understood and utilized purposefully. The silliness of most of the Justices on the Supreme Court, on the other hand, is a product of self-delusion and fundamentalism, which makes their silliness not silly at all.

This Comment demonstrates the Supreme Court's silly subterfuge through a sampling of decisions selected from the Roberts Court's 2007 Term. However, to begin this "non-legal process," one must first have a working knowledge of Critical Legal Studies("CLS").