Kagan recalls Lindsey Graham's vote that helped seal her Supreme Court confirmation

Supreme Court Justice Elena Kagan opened her testimony before the House Appropriations Committee by offering condolences following the death of Sen. Lindsey Graham, R-Ky., who died Saturday from a ruptured aorta.

"I wish to express the entire court's condolences to his, his sister, the rest of his family, his many friends and colleagues here in the House, in the Senate and elsewhere on behalf of the entire court," Kagan said Tuesday. 

Kagan spent the majority of her tribute to Graham reflecting on Graham's role in her 2010 confirmation, noting that he was one of just five Senate Republicans to vote in favor of her nomination after she was selected by then-President Barack Obama. Graham's bipartisan support stood out at the time and has become even more notable as Supreme Court confirmation votes have grown increasingly polarized along party lines.

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"Not many Republicans vote for the nominees of somebody selected by a Democratic president, and not many Democrats do the same for someone selected by a Republican president," Kagan said. "And one would not expect such a cross-party, if you will, vote, certainly from somebody from a deep red or deep blue state. And yet, Senator Graham voted for me."

"And I vividly remember, because he was a vivid person. The conversation that we had in his office prior to my hearing, where he got to know me, it was a long conversation," Kagan continued. "He took the opportunity to get to know me."

She shared that although she did not know Graham well that he would be remembered for his sense of humor. 

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"I think Al Franken said he was the funniest man in the Senate, 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," said Kagan, who is Jewish. "And I'll skip the, the back and forth. But many people said to me afterwards, that exchange with Senator Graham was the moment my confirmation was sealed."

Kagan said she remained grateful for the way Graham handled her nomination.

"I want to express my gratitude toward him, not only for his support, but for approaching the confirmation process, with the kind of seriousness that he did and and the kind of respect he did," Kagan said.

Graham served 23 years in the Senate and eight years in the House of Representatives.

He died Saturday at age 71.

His sister, Darline Graham, was appointed by South Carolina Gov. Henry McMaster to finish the rest of his term, which ends in January 2027.