USED HDR PRO JUMP SADDLE - MEDIUM TREE - SZ 18 -
In Snow Peak Hd Tp-212 from Japan Free Shipping South Dakota is asking the Supreme Court to overrule precedent and hold that state and local governments may require retailers with no in-state physical presence to collect sales tax. The 14 Person 2 Room Mesh Screen Rainfly Instant Cabin Hiking Shelter Camping Tent estimated that states lost $23.3 billion in 2012 from being prohibited from collecting sales tax from online and catalog purchases.
In 1967 in National Bellas Hess v. Department of Revenue of Illinois, the SupremeRawlings Quatro Pro 2-3 4 USSSA (-10) UT9Q10 Senior League Baseball Bat -DeMarini 2019 CF Zen (-11) Fastpitch Bat Court held that per its Commerce Clause jurisprudence, states and local governments cannot require businesses to collect sales tax unless the business has a physical presence in the state.
Twenty-five years later in Quill v. North Dakota (1992),Harkila Trapper Master GTX® 6 Dark brown Dark olive US 11 Brown Vortex Viper 6.5-20x50mm Rifle Scope Dead Hold BDC Reticle, VPR-M-06BDC the Supreme Court reaffirmed the physical presence requirement but admitted that “contemporary Commerce Clause jurisprudence might not dictate the same result” as the Court had reached in Bellas Hess.
Customers buying from remote sellers still owe sales tax but they rarely pay it when the remote seller does not collect it. Congress has the authority to overrule Bellas Hess and Quill but has thus far not done so.
Even before oral argument South Dakota could count three votes likely in favor of overturning Bellas Hess and Quill.Zeiss Rifle Scope - 6x32 Magnification DIATAL-C w lens cover made in W. GermanyTrijicon AccuPower 2.5-10x56 MIL-Square Crosshair w Green LED Scope - 1900017 In March 2015, Justice Kennedy wrote a concurring opinion stating that the “legal system should find an appropriate case for this Court to reexamine Quill.” While on the Tenth Circuit then-judge Gorsuch wrote an opinion strongly implying that given the opportunity the Supreme Court should overrule Quill. Finally, while Justice Thomas voted against North Dakota in Quill he has since rejected the concept of the dormant Commerce Clause, on which the Quill decisions rests.
At oral argument Justices Kennedy and Gorsuch asked Wayfair’s attorney different lines of questions both of which indicated they remain anti-Quill. Justice Thomas, as always, was silent. The most vocal champion of overturning Quill was Justice Ginsburg. 17 Collegiate Congreenible SaddleMathews Halon 30 Lh 70lbs Lost XdShe said the Court needs to take responsibility for overturning precedent it created which is no longer appropriate in the current economy instead of relying on Congress to act.
Justice Breyer was clearly torn about the case. He said he read both sides’ briefs and concluded both positions were “absolutely right.” He looked to the attorneys arguing for both sides to help sort out issues including exactly how much money is on the table, whether it really is easy and inexpensive to collect sales tax, and whether tax collection should be retroactive.
Justice Sotomayor lead the charge defending Quill, ARB 10800472 Portable 50 Quart Car Tailgate Camping Travel Fridge Freezer, blueeeasking South Dakota’s attorney about many of the same issues Justice Breyer raised—but taking a more certain approach that the answers were known and point to keeping Quill the law of the land. Justice Kagan asked a number of questions expressing the view that Congress should overturn Quill, if it wants to, given that Congress can craft a more complicated solution than the Court can. 15 16 TOOLED WESTERN WIDE TREE RANCH ROPING COWBOY HORSE LEATHER SADDLEPOSP 4X24B Sniper Rifle Scope - PSO-1 TypeJustice Alito also didn’t seem particularly sympathetic to South Dakota’s position suggesting that if Quill was overturned states would “grab everything they could” rather than exempt small businesses from having to collect.
Chief Justice Roberts asked questions of both sides, something he has done more often since Justice Scalia died. His questions unfavorable to South Dakota focused on, among other things, the burden of requiring small businesses to collect sales tax and honoring Congress’s decision to leave things the way they are.
The Supreme Court will issue an opinion in this case by the end of June.