[1] A trial court enjoined striking unions in Virginia from undertaking certain unlawful activities (throwing things, threatening, obstructing, and picketing without supervision); when union members repeatedly violated the injunction, the trial court established a schedule of $100,000 fine for future violent breaches, $20,000 fine for future non-violent breaches; after more violations of the injunction, the trial court ended up assessing $64 million, including $12 million to the plaintiff in the civil case and $52 million to the county and the commonwealth of Virginia.

The parties settled, but the trial court refused to vacate the fines to be paid to the county and commonwealth.

Were these fines civil, or were they criminal (in which case due process and jury would be required)?

The Court, in an opinion by Justice Blackmun, held that a contempt sanction is civil if it is remedial and for the benefit of the complainant—if it either coerces the defendant into compliance with the court’s order or compensates the complainant for losses sustained.

Justice Scalia wrote a concurring opinion, expressing concern about the judge also acting as rulemaker and enforcer.