Elena Kagan pays tribute to ‘untimely passing’ of Lindsey Graham
Justice Elena Kagan began her testimony at a House Appropriations Committee hearing by honoring the late Senator Lindsey Graham, highlighting his support during her 2010 confirmation despite the rarity of bipartisan votes today. She recalled their long conversation before her confirmation hearing and shared a humorous exchange in which Graham asked her where she spent Christmas, to which she replied, “probably at a Chinese restaurant,” referencing a well-known joke about Jewish traditions. Kagan expressed her gratitude for Graham’s support and respect, noting his approach to the confirmation process. she also extended condolences to his family and friends, acknowledging his vibrant personality and the loss felt by many. Her appearance marked her first congressional testimony since 2019, and Justice Amy Coney Barrett also testified on the Supreme Court’s budget, with the court’s term ending in June and resuming in October. The article includes recommended stories on Supreme court topics and highlights the rarity of justices testifying before Congress in recent years.
Justice Elena Kagan began her testimony at a House Appropriations Committee hearing on Tuesday by honoring late Sen. Lindsey Graham (R-SC), referencing a famous exchange during her 2010 confirmation hearing.
Kagan was testifying alongside Justice Amy Coney Barrett on the Supreme Court’s roughly $228 million budget request for fiscal 2027, with much of the increase stemming from the growing security measures necessary to protect the justices. Before Kagan discussed the security concerns, however, she honored Graham, who died Saturday. Graham was one of five Republicans who voted to confirm Kagan in 2010, and she commended his willingness to vote for her confirmation.
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“I wish to express the entire court’s condolences to 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. “But I’d also like to make a few more personal comments.”
Kagan then remarked on how rare it has become for Republican senators to vote for justices nominated by Democratic presidents, and vice versa, especially from a “deep red or deep blue state, and yet Sen. Graham voted for me.”
“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,” Kagan said. “It was a long conversation. He took the opportunity to get to know me.”
She also noted how funny Graham was, referring to an exchange during her confirmation hearing in which Graham asked Kagan, who is Jewish, where she had been the previous Christmas. During the exchange, Kagan responded that “like all Jews, I was probably at a Chinese restaurant.”
Here’s the 2010 exchange.
Sen. Lindsey Graham (R-SC): “I just asked you where you’re at on Christmas.”
Kagan: “Like all Jews, I was probably at a Chinese restaurant.” pic.twitter.com/RBaKdFXxHQ
— CSPAN (@cspan) July 14, 2026
During her Tuesday testimony, Kagan said of that exchange that “somehow, Sen. Graham made me look funny, which is a harder thing entirely.”
“So 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,” Kagan said. “I never got to know Sen. Graham very well, but I can see why so many people will deeply miss him. And I just wanted to convey that on behalf of me, and again express the condolences of the entire court to his family and friends.”
SUPREME COURT JUSTICES KAGAN AND BARRETT TO TESTIFY ON CAPITOL HILL
Justices testifying before Congress has become a rarity in recent years. The last time was in 2019, when the justices appeared before similar appropriations committees on the high court’s annual budget request. Kagan’s Tuesday appearance was her first before a congressional committee since 2019, while it was the first time Barrett appeared before a congressional committee since her confirmation hearing in 2020 in the Senate.
The Supreme Court term ended on June 30, with final opinions being released in cases involving bans on biological males in women’s sports and President Donald Trump’s birthright citizenship order. The high court will return for its next term in October, with that term set to continue through the end of June 2027.
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