October 27, 2006

But How Can You NOT Punish Tobacco Companies

by Armen

Putting aside the debate below, I just want to note that in the upcoming Philp Morris v. Williams case, my mock SCOTUS class voted to AFFIRM the judgment of the Oregon Supreme Court. The Chief and Justice Alito did not disturb BMW and State Farm, but nevertheless felt that this case falls into one of the narrow categories of exceptions (i.e., grossly reprehensible conduct). Thus, Stevens, Kennedy, Souter, and Breyer would reverse, while Scalia, Thomas, and Ginsburg would affirm on completely different grounds. If this sort of an actual split occured, I really don't know who'd write a plurality. I'm assuming Roberts and Alito because it is the narrowest ground for announcing the judgment.

Personally I think the Chief and Alito are mistaken. I believe this case will be reversed and my guess is that the Chief himself will author the opinion.

October 27, 2006 11:10 PM | TrackBack
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