Fox News host Bill Hemmer on Monday said that his network would "make something up" if there was no other news, a joke in which many critics will find more truth than humor.

Following Monday's Supreme Court decision to send an affirmative action case back to the lower court, Hemmer noted that the court had not yet handed down rulings in several other major cases.

"It doesn't look like the voting rights decision or the gay marriage decision comes down today apparently," the Fox News host explained.

"Well, they have to give us something to talk about the rest of the week," senior judicial analyst Andrew Napolitano pointed out.

"We'll make something up," Hemmer shrugged.