Kagan has an extremely friendly exchange with Lindsey Graham about the legal issues arising from what Kagan agrees is the war in which the United States in engaged against Al Qaeda and the Taliban. Graham, of course, is the only Republican on the Judiciary Committee who voted to confirm Sonia Sotomayor. And he seems very happy with Kagan’s responses to his detailed questions about war-related legal issues.
One other issue comes up in Kagan’s discussion with Graham.
A letter supporting her confirmation was written by Miguel Estrada, an extremely talented lawyer in Washington who is a well-known conservative. Estrada is very familiar with the confirmation process. He was nominated by President Bush to serve on the federal court of appeals in Washington, but was blocked by Senate Democrats.
Estrada and Kagan were students together at Harvard Law School and have been friends ever since.
Graham asks Kagan whether she believes Estrada is qualified to serve on the bench. She says that he definitely is. Graham asks whether she’d be willing to write a letter saying that, and she agrees to do so.
