Josh comes into C.J.'s office. "Hi," he says, clearly a little bit off. "How's [Swimtern's] uncle?" she wonders. "He's a blast. Come meet him," Josh says with a goofy arm wave. "He's still here?" she asks, and then adds, "Oh my God, you're drunk." "I just promised him a pork barrel roads project on an omnibus bill that doesn't exist," Josh babbles helplessly. As C.J. runs past him to find Pierce, Josh says, "Don't try and keep up, he's got a wooden -- um, hollow leg -- he drinks a lot." HA!
Toby and Mulready are still bickering about equal protection and the fact that, as Mulready says, "homosexuals are not a suspect class." Toby rattles off the federal benefits that are denied to people whose marriages aren't legally recognized. (I'm not saying "people who aren't married," because...I was at Mr. and Mr. Tall-and-Beautiful's wedding, and I'm just saying? Married. I was there. There was music. There was food. There were vows, and family members, and about a thousand times the love and sacredness you're going to find in a chapel in Vegas at three in the morning ninety-nine times out of a hundred, so...you know, "not married," my foot.) Mulready blathers that you can accomplish medical decision-making through power of attorney, which is a fine answer except for the fact that that's a pain-in-the-ass process that requires all kinds of arranging and planning that isn't required of people whose marriages are legally recognized, and requiring that kind of arranging and planning of some people and not others just ain't fair, to my eye. I didn't see Phyllis Schlafly showing up to care for my Uncle Tree when he was dying of cancer, and it rubs me the wrong way for anyone to suggest that his partner, who did feed him and clean him and sit with him and make agonizing choices about whether he could be kept at home or needed to be returned to the hospice, should have been all kinds of chipper about having the opportunity to sign on the dotted line and obtain permission to care for him, as if you otherwise couldn't trust that this was what Uncle Tree would have wanted. I mean...right. They only lived together for a zillion years. God only knows whom he would have chosen to trust, right? But anyway.
Mulready and Toby go back and forth about full faith and credit and DOMA and so forth, and Rina finally opens the door and escorts in none other than Evelyn Baker Lang. She comments on the oddity of the meeting between Mulready and Toby, and then Mulready stands. "It's good to see you, Evie," he says. "You too, Chris," she says warmly as they shake hands. "Mr. Ziegler was trying to convince me the Defense of Marriage Act is unconstitutional," he says, a tiny bit mischievously, in retrospect. Lang laughs. "Oh. DOMA? He was trying to convince you?" She turns to a confused Toby. "He doesn't need convincing," she says. "He's yanking your chain; he would never uphold DOMA. He might not love the idea of gay marriage, but he hates Congressional overreaching, and Congress doesn't have the power to legislate marriage. The issue isn't privacy --" "Or equal protection," Mulready offers. "It's enumerated powers," she finishes. She adds that Mulready is more likely to boot DOMA than she is. "Lack of imagination on your part," he says to her. Toby weakly objects to the chain-yanking, and Mulready talks about being hauled in at night to meet with a Democratic president, and how that has some yank-ish qualities of its own. Suddenly, we see Josh outside the door, frantically waving for Toby's attention. "Josh Lyman is gesticulating wildly," Lang points out with substantial amusement. Toby chuckles and goes outside to see Josh. He actually jogs over to the door, which I particularly enjoyed.