Excessive punitive damages in court cases have been a hot topic, with debates focusing on whether to prioritize injured plaintiffs or defendant corporations. Lower courts may be overstepping their bounds by improperly assessing punitive damages, leading to judicial preemption. This can cause issues with federalism, separation of powers, and common law dynamics. In employment discrimination cases, this is especially concerning as judges may not align with legislatures and juries on punishment and deterrence goals. The way lower courts are applying Supreme Court standards may be steering them away from the right questions when reviewing punitive damages.