Some legal scholars have questioned the constitutionality of the use of remittitur in the federal courts, as a violation of the plaintiff's Seventh Amendment right to a jury trial, but the US federal appellate courts have not examined that question.
Some legal scholars believe that using remittitur in federal courts is unconstitutional because it infringes on the plaintiff's Seventh Amendment right to a jury trial.  However, no federal appeals court has yet considered this question.