Tuesday, 18 December, 2018

Supreme Court Agrees To Hear Texas's Appeal Of Racial Gerrymandering Challenges

South Dakota Attorney General Marty Jackley on U.S. Supreme Court's decision to accept the state's case on online sales taxes 1/12/18. Video from the Attorney General's office Supreme Court Agrees To Hear Texas's Appeal Of Racial Gerrymandering Challenges
Melinda Barton | 13 January, 2018, 07:57

The clear signal from the justices is that they may be ready to reverse themselves and demand that online retailers collect and remit sales taxes, even in states where they have no physical presence. Texas voters will choose candidates in the March 6 primaries according to the current districts, but the Supreme Court's ruling is not expected until summer, when primary winners will be campaigning in advance of the November general elections.

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.

But Sen. Jeanne Shaheen, D-N.H., who has fought legislation to require online sales taxes, said a reversal "would be especially damaging to New Hampshire, where our small businesses have no experience collecting sales taxes and should not be forced to become tax collectors for other states". North Dakota. "States' inability to effectively collect sales tax from internet sellers imposes crushing harm on state treasuries and brick-and-mortar retailers alike", South Dakota argued in its appeal to the Supreme Court, which this week agreed to take up the case. Two years ago, however, Justice Anthony M. Kennedy said in an somewhat-related case that the Court should find "an appropriate case" to reconsider the Quill decision and its constitutional reasoning.

In 2010, the state legislature chose to act.

Hanging over the Texas case is the possibility that the state will be placed back under federal oversight of its elections laws.

Wisconsin Democrats are challenging the entire statewide map of state Assembly districts based in part on the Constitution's equal protection clause.

They said that the number of taxing jurisdictions in the United States is estimated at between 10,000 and 16,000. "I hope this means the Court is open to revisiting the important issue of taxation of online sales". She thinks South Dakota's challenge to the law, South Dakota v. Wayfair, could be the impetus for change.

Heitkamp said she looks forward to attending the arguments, which will likely take place in April. Texas asked the Supreme Court to overrule the racial verdict, while the state Democratic Party sought to reverse the ruling on political claims. This comes after years of controversy and litigation surrounding the district maps, which were first legally challenged in 2011 after the Texas Legislature drafted new state and congressional districts to keep up with the state's quickly expanding population.

In a separate ruling about a week later, the same court ordered nine Texas House districts in Bell, Dallas, Nueces and Tarrant counties to be redrawn, saying they also were created to discriminate against minority voters.