Morning Tech 06/07/18 – Wayfair Update
Also in Pistiche
The prevailing wisdom heading into April’s arguments was that the court was likely to uphold the South Dakota law — though there was more question about that idea after the nine justices questioned both sides’ attorneys. Now, Carl Szabo of NetChoice, a group that has long opposed efforts to expand states’ sales taxing powers, has written a piece arguing that opponents of the current Quillprecedent remain overconfident about where they stand — and especially the idea that Justices Anthony Kennedy, who wrote an opinion several years back essentially asking to relitigate the issue, and Clarence Thomas, no fan of the dormant commerce clause, will be on their side.