Bench Memos

NRO’s home for judicial news and analysis.

Re: Moving the Court Further Left


Like Ed, I agree with Robert Alt that we could do worse than David Souter on the Supreme Court, and it would not be surprising if we did.  But unlike Robert, I cannot applaud the view of Justice Souter (and the Court’s majority in recent years) that incantations over the due process clause can legitimately produce judicially-imposed outer limits on the award of punitive damages.  Here I would agree with Justices Scalia and Thomas, whose view may be less friendly to business interests but is kinder to the poor, beleaguered text of the Constitution.

UPDATE: Please see Mea Maxima Culpa.


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