Today the US Supreme Court agreed to hear South Dakota v Wayfair, Inc., a case that will test the idea of limiting a state’s tax and regulatory powers to within its geographical borders. The Court will decide whether or not to abrogate Quill Corp. v North Dakota’s physical presence requirement for sales tax.
Competitive Enterprise Institute’s Jessica Melugin said:
“Upholding Quill’s protections on interstate commerce would be a pivotal victory for the type of federalism envisioned by our founding fathers, but too-often neglected or even inverted by state-colluding jurisprudence and legislation.
“Quill’s federalist protection against a burden on interstate commerce flies in the face of many states passing ever-expanding sales tax and collection laws in response to the growth of online commerce and ballooning state budgets in the last few years. No doubt, the issue will continue to be pursued by revenue-hungry states and by big retailers in the halls of Congress on a concurrent track during the Court’s proceedings.”