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The Daily Show's Jon Stewart had a field day with the opponents of gay marriage at this week's Supreme Court hearings on the Defense of Marriage Act, starting with Paul Clement, the lawyer hired by House Republicans, who was called out by Justice Elena Kagan when he attempted to make the claim that the law wasn't based on bigotry.

After playing some of the back and forth between Clement and Kagan, Stewart gave the audience a reminder of just what the House Republicans sounded like back in 1996, before playing the audio of Kagan reading from the actual House report which said "Congress decided to reflect and honor of collective moral judgment and to express moral disapproval of homosexuality." As Stewart noted, "with moral arguments no longer available to opponents of same-sex marriage, what's left for the conservatives to argue?"

Cue the idiocy of Justice Scalia, who made this ridiculous claim:

JUSTICE SCALIA: Mr. Cooper, let me — let me give you one — one concrete thing. I don’t know why you don’t mention some concrete things. If you redefine marriage to include same-sex couples, you must — you must permit adoption by same-sex couples, and there’s – there’s considerable disagreement among — among sociologists as to what the consequences of raising a child in a — in a single-sex family, whether that is harmful to the child or not. Some States do not — do not permit adoption by same-sex couples for that reason.

As Stewart rightfully noted in the segment, no, there's not.

And then there was Justica Alito's equally ridiculous remark that the issue of gay marriage is "newer than cellphones or the Internet."

STEWART: No, we want you to step in and render a decision based on whether it's right, fair and just under the Constitution, having nothing to do with its "newness" and what you think might happen. Which by the way, what do you think might happen? That they'll discover letting two ladies get married is going to rip open a hole in the ozone layer? And I've got news for you. Gay marriage will definitely cause less national harm than cell phones or the Internet.

But here's the thing that we're pretty sure you don't have to do. You don't have to beta test rights. Black people have only been here fifty years. I mean, let's see how the Netherlands does with them before we lift some barriers.

Stewart did have one hope that the justices might be moved by one thing though, and that's the "mother f**king injustice" of Edith Windsor, the plaintiff in the case, being forced to pay estate taxes and their concern "about the heartbreak, that is double taxation."



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Politics Nation's Al Sharpton went after Fox for their continued drum beat to have Supreme Court Justice Elena Kagan recuse herself from the upcoming hearing on the whether the individual mandate is constitutional and ignoring Justices Scalia and Thomas and Thomas' wife Ginni and their many conflicts of interest in hearing the case, the latest being a fundraising dinner they attended with opponents of the health care law.

Here's more from Media Matters on Fox's ridiculous attacks on Kagan -- Fox Cites Non-Existent Part Of The Constitution To Hype Argument For Kagan Recusal:

For the second day in a row, Fox's "straight news" division has hyped the claim that U.S Supreme Court Justice Elena Kagan should recuse herself from the case involving the constitutionality of a provision of the Affordable Care Act. Fox pointed to an email Kagan sent to then-Justice Department adviser Laurence Tribe on the day the House of Representatives passed the Affordable Care Act in which Kagan said, "I hear they have the votes, Larry!! Simply amazing."

Legal ethicists have thrown cold water on the argument that Kagan needs to recuse herself over that email. But Fox seems to have an argument that the legal ethicists haven't thought of: Fox national correspondent Steve Centanni said Kagan's recusal may be required by "Article 28 of the Constitution." Fox's graphics department provided the relevant quote from the "U.S. Constitution, Article 28, Sec. 144":

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