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South Dakota Remote Seller Bill Heard Before State Supreme Court

Last week another important hurdle was cleared, advancing efforts to get the U.S. Supreme Court to reconsider the Quill precedent and level the sales tax playing field once and for all.

For years, many of us have been at forefront of this battle to ensure that online-only retailers no longer have a government-sanctioned advantage over brick-and-mortar retailers. Numerous states have now been successful in proposing and passing bills throughout their respective state capitols that would help remedy this antiquated loophole. This includes Wyoming, which passed a similar remote seller bill to South Dakota’s earlier this year. Over time and largely due to Congressional inaction, it became clear that the only real hope rested with the United States Supreme Court, and with a decision announced last week we have a path forward.

Last week, the South Dakota Supreme Court (SDSC) released an important opinion in the State’s case against three remote sellers, which we believe represents an ideal vehicle for challenging Quill. The decision comes just two weeks after the case was heard before the court. The swift decision recognizing the supremacy of the Quill precedent – which was requested by the state -- is a critical step for enabling a decision from the U.S. Supreme Court before the end of its term in June 2018.

            SD Supreme Court Decision

            RLC/RILA Statement

Looking ahead now, an extensive and strategic amicus effort will be essential to support South Dakota’s cert petition. The goal, of course, is to convince the U.S. Supreme Court that the underlying problem is of great significance and that the South Dakota case is the best possible vehicle for remediating the problem. Toward that end, we have already begun efforts to marshal support from a wide range of voices that will be most effective for convincing the Court to take the case, including state attorneys general, governors and legislators; noted economists and legal scholars; and key voices from the business community, including retailers.

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Wyoming Retail Association (WRA)
P.O. Box 1003, Cheyenne, WY 82003  Phone: (307) 634-8816, Fax (307) 632-0249