Supreme Court to hear online sales tax case
The way state legislatures draw election districts for political gain is coming to dominate the Supreme Court's docket.
The state's congressional and statehouse maps were struck down by federal courts past year after judges ruled they intentionally discriminate against minorities. The battles have led to lawsuits in Alabama, Colorado, Indiana, Massachusetts, South Carolina, Tennessee and Wyoming, among others.
The justices agreed to hear an appeal by the state of South Dakota, which has been pushing a test case with the goal of overturning a high-court precedent that limits states' sales tax collections. Both of those cases involved charges of partisan gerrymandering.
The appeal from Texas is apart of an effort to bring back Republican-drawn electoral districts for congressional and state legislative seats. The Lone Star Project, a political force aligned with the Democrats, said the state's GOP leadership "should be careful what they ask for".
"Retailers have supported this case since the beginning and believe it is the right case to correct the constitutional course set more than 50 years ago - well before the advent of e-commerce - that today gives online-only retailers an unfair commercial advantage at the expense of local retailers", said Retail Litigation Center president Deborah White.
"The destabilizing effect of allowing new administrations to reverse policy and then penalize those who relied on the previous policy can not be overstated", wrote PPINK's attorneys in the latest motion. A victory for challengers in either case could place other states' districts in jeopardy as well.
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"The discriminatory taint was not removed by the Legislature's enactment of the court's interim plans, because the Legislature engaged in no deliberative process to remove any such taint, and in fact intended any such taint to be maintained but be safe from remedy", wrote United States District Judge Xavier Rodriguez of the Western District of Texas. The state has denied targeting voters by race and admitted instead to practicing partisan gerrymandering by overtly favoring Republicans in drawing the districts.
And earlier this week, a federal court panel as politically tainted, sending that case headed toward the high court as well. The Senate passed a measure in 2013 to let states collect sales taxes from online retailers if they had at least $1 million in annual sales there, but it died in the House.
"This court must take account of how its own, outdated precedent has played a part in that development, pushing economic activity (and important entry-level jobs) from Main Street to distant tech companies, with a tangible effect on everyday American life". While the state is considered a battleground in national and statewide elections, Republicans designed state Assembly districts that have given them a almost 2-to-1 edge in seats. In some cases, the judges found that lawmakers intentionally undercut minority voting power "to ensure Anglo control" of legislative districts. The ruling came with a three-day deadline for Governor Abbott to call a special session to address the maps - Paxton appealed the ruling to the Supreme Court, which then halted the lower-court ruling while they looked into the case. The justices will consider next week whether to take that case.
But Kennedy may be even more impressed by challengers' arguments in Maryland that are based on the free speech rights of voters to have their views heard.
The Supreme Court granted cert in South Dakota v. Wayfair, Inc. today, paving the way for a possible overturn of Quill Corp. v.
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