[Update: Sen. Graham was correctly praised for his support of Kagan, including his honest account that he rather someone else be nominated, but given the limited role of advise/consent (taking a slam at Sen. Obama here, which is less defensible), he will vote for her confirmation. But, a tad gratuitously, he did say Goodwin Liu did not meet his approval, making him out to be some sort of radical. More of same. If those with progressive views cannot be appointed to lower courts under Democrats, I guess it's perfectly fine for Democrats to oppose conservatives like Miguel Estrada.]
It is interesting how various bits of information are often not well known or emphasized. For instance, how the military recruitment policy at Harvard was not somehow solely targeted at the military, but that the military was treated just the same as any other group.
But, this tidbit really is amusing, giving all the Estrada love going on. Sen. Graham in fact read a bit from the letter he had Kagan write in support of Estrada, a top conservative that Bush nominated for the appellate bench but who was blocked by the Democrats. Kagan supported him then too -- they were pals from law school. Ironically:
The post Estrada hope[d] to fill is vacant because Republicans blocked action on two Clinton picks for the court: Washington attorney Allen Snyder and Harvard law professor Elena Kagan.Yes, President Clinton nominated Kagan for the appellate bench in '99, but she was never given a hearing. Synder was, but his nominated languished too, even given (to quote Wikipedia) "his support from conservatives like Rehnquist, Sen. John Warner, and former appeals court judge Robert Bork." Estrada, as was the case of others, had a shot because of Republican obstruction of an "up or down" vote.*
Anyway, it's a shame. She later became Dean and all, but she would have had more experience if she was confirmed. It is doubtful she would have lost an up/down vote, since that rarely happens. Republicans (including Sen. Hatch) are partially against her for lack of experience. They really have themselves to blame there.
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* It is shocking really that Estrada was blocked. Not the other two, of course, since they aren't Republicans. Sorry, that's wrong. I don't want to be called "partisan."