Thomas, J., concurring

SUPREME COURT OF THE UNITED STATES

No. 99—2035

COOPER INDUSTRIES, INC., PETITIONER v. LEATHERMAN TOOL GROUP, INC.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

[May 14, 2001]

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.