So, Politico jumped the shark on gay marriage yesterday in reporting that Justice Elena Kagan that she had a ‘gotcha’ moment during yesterday’s hearings on the Defense of Marriage Act.

But a real ‘gotcha’ moment would have been if Politico did their homework and resurrected Kagan’s past comments about gay marriage from 2009, when she was awaiting confirmation to the post of solicitor general and she insisted in the answer to a questionnaire that “there is no federal constitutional right to same-sex marriage.”

In Elena Kagan's DOMA 'Gotcha' Moment, Jennifer Epstein and Josh Gerstein gushed that: