Fox News is shameless in misinforming its viewers into believing 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. In this case, they’ve been caught blatantly making up part of the U.S. Constitution to help make their case…

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.