The state enacted a law requiring out-of-state retailers to collect sales tax in 2016, knowing that the move would provoke a legal battle.
The way state legislatures draw election districts for political gain is coming to dominate the Supreme Court's docket. That now may happen.
"The National Retail Federation welcomed the U.S. Supreme Court's decision today to take up a South Dakota case on whether online sellers can be required to collect sales tax the same as local stores but also urged Congress to address the issue through federal legislation".
The U.S. Supreme Court agreed Friday to hear Texas' appeal of a lower court ruling that ordered the state's Republican leaders to redraw congressional and state House voting maps.
Kennedy's comments prompted South Dakota to launch a new attack on the physical presence rule. Repeated pleas by states after that to change the rule failed.
State lawyers were cheered two years ago when Justice Anthony M. Kennedy said the court should "reexamine" the 1992 decision in Quill Corp. v. Congress, too, had often been asked to provide help, but it only studied the question. North Dakota, which involved a mail-order company that tried to gain the right for states to collect taxes on companies selling products remotely to customers in the state. Forty-five of the 50 states have a statewide sales tax.
Steve DelBianco, president of NetChoice, an association of online businesses and consumers, said the justices "will learn how new state laws are imposing unreasonable tax burdens on out-of-state businesses". State officials then sent out notices of the tax to a long list of sellers it thought were subject to the tax. A victory for challengers in either case could place other states' districts in jeopardy as well. 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.
The state argues that the redistricting plan was based on a map approved by the same judges in 2012.
They said that the number of taxing jurisdictions in the United States is estimated at between 10,000 and 16,000.
On Friday, the Justices accepted the invitation.
He says the Nation's highest court has finally agreed to hear the case.
The grant of review of the South Dakota case on Friday was among similar grants on ten other cases.
On the gerrymandering front, the Supreme Court already has heard a challenge to the way Wisconsin Republicans drew legislative district maps. The lower court rulings have been put on hold by the Supreme Court until the two cases are decided.
The appeal from Texas is apart of an effort to bring back Republican-drawn electoral districts for congressional and state legislative seats.