Supreme Court will review effects of Texas redistricting

Cheryl Sanders
January 13, 2018

The trade groups and AGs filed Friends of the Court briefs past year asking the U.S. Supreme Court to hear South Dakota's case.

Jackley tells News that the state is losing millions in sales taxes and "sticks and bricks" retailers in South Dakota are hurting because online retailers are not forced to collect state sales tax.

Even though 17 of the top 18 online retailers have begun collecting sales taxes, states project that they could lose $34 billion this year.

Critics of the 1992 decision say it no longer fits a world where much of our commerce happens, at least in part, online.

States and counties told the court they lose between $13 billion and $34 billion each year because they can not collect sales taxes on all online purchases.

Kennedy questioned the 1992 precedent, set in a case called Quill Corp v.

In its brief to the Supreme Court, the National Retail Federation said that software is now widely available that makes it easy for retailers to collect sales tax.

The Supreme Court's decision to weigh the state's appeal will further delay any redrawing efforts even after nearly seven years of litigation between state attorneys and voting and minority rights groups that challenged the maps.

Part of the law created to assure a court test of the state's new tax gave the state permission to sue out-of-state retailers who failed to collect and pay. Forty-five of the 50 states have a statewide sales tax.

Two of those other cases will be heard together; they involve appeals by the state of Texas challenging lower court rulings that struck down as unconstitutional racial gerrymanders the maps drawn for electing several Texas members of the U.S. House of Representatives and several members of the lower house of the state legislature.

They said that the number of taxing jurisdictions in the United States is estimated at between 10,000 and 16,000.

The case is South Dakota v. Wayfair. The fact that the Court is reconsidering the old doctrine does not necessarily mean it will overrule it, but Justice Kennedy usually has a strong influence on outcomes and the constitutional doctrine underlying the Quill precedent has strong critics among some of the more conservative Justices. "Congress should not sit on the sidelines as the Supreme Court considers this case".

Heitkamp said she looks forward to attending the arguments, which will likely take place in April. Lawyers for the state on Friday asked the justices to block the ruling for the 2018 election cycle.

The Texas dispute dates back to 2011, when the GOP-dominated legislature created new congressional and state legislative districts to help Republicans, even though the growth in the state's population was nearly entirely attributable to minorities who more often vote Democratic.

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