Justice Elena Kagan offered a poignant tribute to the late Sen. Lindsey Graham (R-S.C.) on Tuesday, recalling how the Republican’s support and sharp wit helped secure her confirmation to the Supreme Court in 2010. Speaking at a House Appropriations subcommittee hearing, Kagan remembered Graham as a “vivid” personality who crossed party lines at a time when such bipartisan votes were rare.
Graham died suddenly Saturday night from an aortic dissection at age 71. He was one of only five Republicans to vote for Kagan, a liberal appointed by President Barack Obama. His death has prompted reflections across the political spectrum on his legacy of occasional bipartisanship.
“I’ll just say that I didn’t get many Republican votes when I was confirmed to the Supreme Court, and that’s the usual state of things today,” Kagan said after offering the court’s condolences to Graham’s family. “One would not expect such a cross-party vote, certainly from somebody from a deep red state, and yet Senator Graham voted for me.”
Kagan, who is Jewish, recalled a lighthearted moment during her confirmation hearing when Graham asked where she had spent Christmas. “I think Al Franken said he was the funniest man in the Senate,” she said. “But what I remember about that hearing was that somehow Senator Graham made me look funny, which is a harder thing entirely, by asking me what I had done on Christmas the following year.” She added that many later told her that exchange “was the moment my confirmation was sealed.”
Beyond the humor, Kagan emphasized Graham’s serious engagement with her record. She noted that he “took the opportunity to get to know” her, questioning her with “great seriousness and great knowledge” about her work as solicitor general, particularly on terrorism issues. “I want to express my gratitude towards him not only for his support but for approaching the confirmation process with the kind of seriousness that he did, and the kind of respect he did,” she said.
The tribute came during a hearing where Kagan and conservative Justice Amy Coney Barrett defended the Supreme Court’s roughly $225 million budget request for the next fiscal year. The request includes about $14.6 million for additional security for justices, their homes, and families amid a surge in threats against federal judges nationwide. Kagan and Barrett faced pointed questions from lawmakers about the court’s spending priorities and ethics practices.
Graham’s death has also stirred political fallout. President Trump dismissed calls for an FBI probe into the senator’s death, attributing it to health issues, while comedian Jon Stewart criticized Trump’s eulogy for reducing Graham’s life to a “numeric score.” Meanwhile, Darline Graham Nordone was sworn in to fill her late brother’s Senate seat, continuing his legacy on issues like refugee funding and foreign policy.
Kagan’s remarks underscored a rare moment of cross-party respect in an increasingly polarized era. “I’ll skip the back and forth, but many people said to me afterwards that exchange with Senator Graham was the moment my confirmation was sealed,” she said, highlighting how a single senator’s vote and demeanor can shape history.
