This is my new favorite bit of FOX lying. In explaining why Elena Kagan should recuse herself vis a vis the Affordable Care Act…
Three glaring problems with this argument: The Constitution has no Article 28, has no Section 144, and does not contain the language quoted.
The Constitution actually contains seven articles, none of which have more than 10 sections. It also has 27 amendments, none of which contain anywhere near 144 sections.
The language Fox quoted from actually comes from a statute passed by Congress, Title 28 of the U.S. Code, Section 455. But that’s the very statute legal ethicists have analyzed in finding that Kagan does not need to recuse herself because of the email.
I’m skeptical that this is a “typo”. Even a half-sleeping tech would know not to put “Constitution” down, and even then it was the wrong section and “Article” instead of “Title”, which means the person writing this was aware that the Constitution has Articles, not Titles. This wasn’t a fuck up, this was intentional, for the simple reason that FOX wants desperately for this to be UNCONSTITUTIONAL.
You stay classy, Foxums.