CONSTITUTIONAL VIOLATIONS
STANDARD OF REVIEW = DE NOVO

In Bajakajian, we expressly noted that the courts of appeals must review the proportionality determination "de novo" and specifically rejected the suggestion of the respondent, who had prevailed in the District Court, that the trial judge's determination of excessiveness should be reviewed only for an abuse of discretion. "The factual findings made by the district courts in conducting the excessiveness inquiry, of course, must be accepted unless clearly erroneous.... But the question whether a fine is constitutionally excessive calls for the application of a constitutional standard to the facts of a particular case, and in this context de novo review of that question is appropriate." 524 U. S., at 336-337, n. 10 (citing Ornelas v. United States, 517 U. S. 690, 697 (1996)).

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Cooper’s petition for a writ of certiorari asked us to decide whether the Court of Appeals reviewed the constitutionality of the punitive damages award under the correct standard and also whether the award violated the criteria we articulated in Gore. We granted the petition to resolve confusion among the Courts of Appeals on the first question. [4] 531 US 923 (2000). We now conclude that the constitutional issue merits de novo review.