i'd say to my good friend senator graham unlike miguel estrada she answered the questions whereas he refused to answer just about any question and that was the reason some of us voted against him. now, some of my colleagues across the table are citing general kagan's failure to directly answer questions as a reason to vote against her. i find that really puzzling since by almost any standard she was more direct and forthright than justice roberts was at his hearings and they voted for him. so i don't think that's the real reason that people are voting no. time and time again, her answers to questions were clear and thoughtful, i was repeatedly struck by how modestly and judiciously she handled herself and how moderately. general kagan's hearings showed us two things, first they showed us what an extraordinary candidate she is. she showed as much or more facility with the law and her own judicial philosophy as any candidate whom i can remember. she was not evasive. she wasn't flippant and she didn't try to play hide the ball. general kagan said that she would not grade cases, but i'll

that's a good caution from miguel estrada about the senate and where we're going and where the nation is going when confirming judges. i asked for elena kagan to write a letter more miguel and being a smart person she took me up on my offer. and pretty bad if she hadn't. so i expecteher to write the leer but here's some of the things she said. in my judgment miguel would be absolutely superlative in either role for sprocket or appellate court. i spent a great tideal of time with him and when i came dean of harvard law school i asked him to serve on the visiting committee which is an advisory body made up up of some of the most distinguished students and dealt with him on several sensitive matters during my time. he is an extraordinary lawyer deeply knowledgeable on all aspects of our legal system and thoroughly responsible in his gal judgments of the he is a towering intellect. a prodigious capacity for work subjecting his own beliefs and intuitions to the full norris of his analysis and talents. underneath a sometimes gruff exterior, he has the proverbial heart of gold. no one i know

michael mcconnell, kenneth starr, miguel estrada. like william rehnquist, hufelix black and hugo, the solicitor general cage didn't not serve in the judicial monastery, but i would say her workouts is probably an additional qualification. i spoke about the qualities that led me to support her nomination last week. throughout the process, i looked to see whether the solicitor general kagan would fairly apply the law while also using common sense. i looked to see whether as a justice she would appreciate the proper role of the courts with democracy, and trying to determine whether she understood why the law matters. in fact, what i raised with her was basically what i had done in my consideration of every single member who is now sitting on the supreme court. and my consideration in voting on several members who are no longer on the supreme court. and that is would she be the kind of independent justice who would keep pace with each of the words ascribed in vermont marble on the walls of the supreme court, "equal justice under law." th

>> senator graham, i think that those comments reflect what an extraordinary human being miguel estrada is, and i was deeply touched when i read that letter, deeply grateful to him, of course, and all the nice things that he said about me i would say back about him double. >> well, i'm going to give you that chance because miguel estrada, as most people know, not everyone, was nominated by president bush to the supreme court and never made it. i think it's one of the great tragedies of the country that he was never able to sit on an appellate court, but that's the past, and i do think it reflects well of him that he would say such things about you and quite frankly i think it reflects well of you, that you would say such things about him. in your opinion, ms. kagan, is he qualified to sit as an appellate judge? >> he's qualified to sit as an appellate judge and qualified to sit as a supreme court justice. >> well, your stock really went up with me. so, what i would like you to do since might one day be on the court yourself is to, if you don't mind at my request, write a letter to me sh