BNA Bloomberg – Online Sales Tax Marching Toward South Dakota High Court

Steve DelBianco, NetChoice executive director, told Bloomberg BNA that the South Dakota decision “puts us on the right track.”

“The state has already conceded summary judgment at the state circuit court level, and they’re not going to change their mind at the state supreme court level,” he said, noting that the state is on record agreeing that the law is invalid under Quill . NetChoice and the American Catalog Mailers Association brought a separate lawsuit in April 2016, seeking a declaratory judgment that S.B. 106 is facially unconstitutional.

“The circuit court ruling puts us on the right track because the state supreme court will likely go the same way,” he added. “And if the U.S. Supreme Court declines to hear the case, then Quill stays in place.”