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The Supreme Court said nothing about silliness, but I suspect it may play more of a role than one might suppose. People are, if anything, more touchy about being thought silly than they are about being thought unjust... Probably the first slave ship, with Negroes lying in chains on its decks, seemed commonsensical to the owners who operated it and to the planters who patronized it. But such a vessel would not be in the realm of common sense today. The only sense that is common, in the long run, is the sense of change.
