Memo to Elena Kagan: Not All Jews Spend Christmas at Chinese Restaurants

The blogosphere is lit up with Supreme Court nominee Elena Kagan’s response to a question at her confirmation hearing. The Washington Post reported that a senator asked, “’Christmas Day bomber. Where were you at on Christmas Day?’ Kagan … seemed confused by his query and started answering him seriously. But Graham cut her off and said, ‘No. I just asked where you were at on Christmas.’ Kagan’s response – ‘Like all Jews, I was probably at a Chinese restaurant’ — was brilliant in its humor, timing and the self-effacing manner in which it was delivered.”

Most of the commentary is about Kagan’s sense of humor, like that from JTA, the Jewish Week, and the Christian Science Monitor. Over at Jewcy, Jason Diamond said “a serious burst of pride shot through my being when a person who is possibly (hopefully) going to sit in the highest judicial seat in the land, made mention of one of my favorite Jewish traditions.”

I also hope that Elena Kagan is confirmed. I’m proud that she’s Jewish. I’m even proud of her association with one of my alma maters – yes, I have a degree from Harvard Law School, something I don’t ever emphasize in my current position.

But Supreme Court justices shouldn’t make factual errors, and she ought to know, and the commentators ought to know, that we are way past the time when “all Jews” are at Chinese restaurants” at Christmas. In fact, we all ought to realize that we are either at the time, or close to the time, when half of young adults who identify as Jews will have grown up participating in Christmas celebrations with their interfaith families. The Jewish partners and children in interfaith families aren’t going to Chinese restaurants for Christmas – they’re having Christmas dinner with their relatives who aren’t Jewish.

This post originally appeared on and is reprinted with permission.