Several cases raise serious questions about Brown's willingness to enforce principles intended to protect the average person against the power of the government or large corporations. Brown has signaled her approval of broad employer drug-testing provisions even in situations in which a majority of the California Supreme Court found the tests to be clearly unconstitutional, and even where it would have required explicitly rejecting U.S. Supreme Court precedent.
She also wrote an opinion as a judge on the Court of Appeal that would have struck down the fee system the state had instituted to ensure that companies that manufacture products containing lead help pay for state efforts to provide for screening and treatment of children at risk for lead poisoning. Her opinion was overturned by the California Supreme Court. She has dissented from several rulings protecting the rights of investors and other consumers, arguing that previous precedents should be abandoned, and that California's strong protections against unfair business practices should be weakened.