Whether the Eighth Amendment's Excessive Fines Clause applies to corporations as it does individuals and, if so, whether and to what extent it requires consideration of an offender's ability to pay a fine in determining whether a fine is constitutional

QUESTION PRESENTED After a corporation repeatedly failed to maintain required workers’ compensation insurance, the state of Colorado imposed fines. The Colorado Supreme Court held that the Eighth Amendment’s Excessive Fines Clause applied to corporations and that the state must consider the corporation’s ability to pay the statutory fine before assessing it. The question presented is: Whether the Eighth Amendment’s Excessive Fines Clause applies to corporations as it does individuals and, if so, whether and to what extent it requires consideration of an offender’s ability to pay a fine in determining whether a fine is constitutional.