Term Used in Legal System
The term "Potemkin village" is also often used by judges, especially members of a multiple-judge panel who dissent from the majority's opinion on a particular matter, to describe an inaccurate or tortured interpretation and/or application of a particular legal doctrine to the specific facts at issue. Use of the term is meant to imply that the reasons espoused by the panel's majority in support of its decision are not based on accurate or sound law, and their restrictive application is merely a masquerade for the court's desire to avoid a difficult decision.
Often, the dissent will attempt to reveal the majority's adherence to the restrictive principle at issue as being an inappropriate function for a court, reasoning that the decision transgresses the limits of traditional adjudication because the resolution of the case will effectively create an important and far-reaching policy decision, which the legislature would be the better equipped and more appropriate entity to address.
For example, in Planned Parenthood of Southeastern Pa. v. Casey (1992), Chief Justice Rehnquist wrote that "Roe v. Wade stands as a sort of judicial Potemkin Village, which may be pointed out to passers-by as a monument to the importance of adhering to precedent."
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