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Winning by Losing? Getting the Supreme Court to review Quill.

surlysubgroup.com

By Adam Thimmesch

The Supreme Court of South Dakota heard oral arguments in South Dakota v. Wayfair, Inc. earlier this week. That case involves a challenge to a South Dakota statute that requires vendors to collect the state’s use tax based solely on their economic connections with the state—a requirement that seems to directly contradict the rule embraced by the Supreme Court in Quill Corporation v. North Dakota. What was unusual about the case is that the state argued that it should lose.