Kagan sailed through today’s hearings. She was well informed and well spoken; deferential without appearing craven or intimidated; and her sense of humor was on display. (Best example: during her discussion of terrorism-related legal issues with Senator Graham, he began a series of questions about the failed Christmas Day bombing of the plane headed for Detroit by asking where Kagan was on Christmas Day. Kagan: “like all Jews I was probably at a Chinese restaurant.” (Explanatory note: Many Jews go to a movie and eat dinner out on Christmas Day; usually Chinese restaurants are the only ones open.).)
It is hard to see anything in today’s hearing that could increase opposition to Kagan’s confirmation. But the vast majority of the Committee’s Republican Members – all of them other than Senator Graham, and perhaps Senator Hatch — seem pretty firmly set in their opposition.
A visibly tired Kagan seemed happy to have the day end. We’ll be back again at 9 am tomorrow.