Monday, May 04, 2009
Re: Moving the Court Further Left [Matthew J. Franck]
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.
05/04 11:20 AM
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