Taking up an issue that the U.S. Supreme Court has never pronounced on — whether or not the Eighth Amendment’s Excessive Fines Clause applies to corporations as well as to individuals — the Colorado Supreme Court has ruled that it does. Cato, together with the Independence Institute, had filed an amicus brief in the case [Eugene Volokh; Jodee R. Rankin, Washington Legal Foundation; decision in Colorado Department of Labor and Employment, Division of Workers’ Compensation v. Dami Hospitality, LLC; earlier]
One Comment
The Excessive Fines Clause, like the First Amendment, speaks in terms of a prohibition against government action irrespective of the target.