Justice Kagan chokes up recalling Lindsey Graham's key role in her SCOTUS confirmation

During congressional testimony, Justice Elena Kagan paid tribute to the late Lindsey Graham, recalling his support during her 2010 confirmation
Supreme Court Associate Justice Elena Kagan testifies before the Senate Appropriations Committee on Capitol Hill on July 14, 2026 in Washington, DC (Getty Images)
Supreme Court Associate Justice Elena Kagan testifies before the Senate Appropriations Committee on Capitol Hill on July 14, 2026 in Washington, DC (Getty Images)

WASHINGTON,DC: Supreme Court Justice Elena Kagan paused congressional testimony Tuesday, July 14 to remember the late Senator Lindsey Graham, saying one memorable exchange during her 2010 confirmation hearing became a defining moment in her path to the nation's highest court.

Speaking just days after Graham's sudden death, Kagan reflected on his willingness to judge nominees on their merits rather than party politics, crediting him with treating her confirmation process with fairness and respect despite their political differences.



Kagan says Lindsey Graham stood out

Before discussing the Supreme Court's budget request, Kagan offered condolences to Graham's family on behalf of the entire court.

She noted that Supreme Court confirmations have increasingly become partisan, with senators rarely crossing party lines to support nominees chosen by presidents from the opposing party.

That made Graham's vote in favor of her confirmation especially meaningful, she said.

Kagan recalled spending considerable time with Graham before her confirmation hearing, describing a lengthy private meeting in which he questioned her extensively about her work as Solicitor General.

She said the conversation reflected both his preparation and his seriousness in evaluating judicial nominees.

Kagan also revisited one of the lightest moments from her confirmation hearings, an exchange that has remained one of the most widely remembered clips from the proceedings.

During questioning, Graham asked where she had spent Christmas Day the previous year while discussing investigations into violent crimes.

Without missing a beat, Kagan replied: "You know, like all Jews, I was probably at a Chinese restaurant."

The response immediately drew laughter throughout the hearing room. Graham smiled before responding: "Great answer."

Sen. Lindsey Graham, R-S.C., appears before President Donald Trump delivers the State of the Union address to a joint session of Congress in the House chamber at the U.S. Capitol in Washington, Tuesday, Feb. 24, 2026. (Kenny Holston/The New York Times via AP, Pool)
Sen. Lindsey Graham, R-S.C., appears before President Donald Trump delivers the State of the Union address to a joint session of Congress in the House chamber at the Capitol in Washington, Tuesday, Feb. 24, 2026. (Kenny Holston/The New York Times via AP, Pool)

Kagan pays tribute to Graham

Looking back Tuesday, Kagan said Graham possessed an extraordinary sense of humor but somehow managed to make her appear funny as well.

She said that after the hearing concluded, numerous people approached her with the same observation.

According to Kagan, many believed that exchange with Graham softened perceptions of her before the Senate ultimately confirmed her to the Supreme Court.

"Many people said to me afterwards that that exchange with Senator Graham was the moment my confirmation was sealed," she recalled.

Although Kagan acknowledged she and Graham never became especially close personally, she said she always appreciated the respect he showed throughout the confirmation process.

She praised his willingness to carefully review her qualifications rather than treating the hearing as a purely political exercise.

Senator Lindsey Graham died suddenly late Saturday, July 12, at the age of 71 after suffering an aortic dissection.

The longtime South Carolina Republican was rushed from his Capitol Hill residence as emergency crews responded, but news of his death was confirmed the following morning.

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