Cite as: 532 U. S. 424 (2001)
Scalia, J., concurring in judgment
apparently had nothing to do with misleading customers but was related to its inability to obtain a "mock-up" quickly and cheaply. App. to Pet. for Cert. 3a. This observation is more consistent with the single-violation theory than with the notion that the statutory violation would have been sanctioned with a multimillion dollar fine.
We have made these comments on issues raised by application of the three Gore guidelines to the facts of this case, not to prejudge the answer to the constitutional question, but rather to illustrate why we are persuaded that the Court of Appeals' answer to that question may depend upon the standard of review. The de novo standard should govern its decision. Because the Court of Appeals applied a less demanding standard in this case, we vacate the judgment and remand the case for further proceedings consistent with this opinion.
It is so ordered.
Justice Thomas, concurring.
I continue to believe that the Constitution does not constrain the size of punitive damages awards. See BMW of North America, Inc. v. Gore, 517 U. S. 559, 599 (1996) (Scalia, J., joined by Thomas, J., dissenting). For this reason, given the opportunity, I would vote to overrule BMW. This case, however, does not present such an opportunity. The only issue before us today is what standard should be used to review a trial court's ruling on a BMW challenge. Because I agree with the Court's resolution of that issue, I join the opinion of the Court.
Justice Scalia, concurring in the judgment.
I was (and remain) of the view that excessive punitive damages do not violate the Due Process Clause; but the Court held otherwise. See BMW of North America, Inc. v. Gore, 517 U. S. 559 (1996); id., at 598 (Scalia, J., dissenting). And I was of the view that we should review for abuse
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