Stephen Carter discusses Kagan’s conflict with Justice Scalia during the Citizens United reargument in this analysis piece this morning.
For years, liberals have longed for a counterweight to Justice Scalia. Maybe what would be better is a Marshall type, less interested in battling than in building. Americans have come to celebrate a politics dominated by a combative political style in which disagreement goes hand in hand with dislike. The Supreme Court should be the last place where we want that contagion to spread.