[ER_in_OC,CA]

From the article, it seems clear that Thomas and Scalia find it inappropriate for the federal judiciary to determine that a state court damage finding invalidates "due process" simply because of the size of the judgement.

Seems like they're both very consistent. Given their brilliance, I'd bet they could convince me of the rightness of their position, though as a stockholder in Altria Corp, this is welcome news for me!

I'm sure Scalia would tell you that court judgements are often insane, and many lawsuits are without merit. But he would likely say that the proper way to address this is for more judges to apply strict legal standards. He's certainly right "in theory." But I don't have the patience for this theory to play out just now...

[mabelkitty]

Not only that, in "theory" Miguel Estrada should have been put on the bench already.

"In Theory", that is correct, but if the benches are being obstructed, then we have a problem much larger than Constituional grounds on punitive damages.