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State asks SD Supreme Court To Uphold Lower Court But Recommend Federal Review

National attention has been drawn to a South Dakota Supreme Court case heard Tuesday, Aug. 29. It centers on a law passed by legislators who knew it could not be enforced.

The law requires out-of-state internet vendors to collect sales taxes from their South Dakota customers and remit the money to the state.

Both sides agreed in advance that justices should not reverse a lower court decision that the law is unenforceable.

The state wants justices to clear the way for the issue to get to the U.S. Supreme Court.

Defendants say states should make some concessions and let Congress deal with it.

Justices will issue their response to these arguments at a later date. The state has asked for an expedited resolution to try to get the issue on the U.S. Supreme Court docket in its 2017 term.

To hear audio of the entire S.D. Supreme Court session, click here:

ujs_082917_quill_oral_arguments_mp3.mp3

Rapid City freelancer Victoria L. Wicks has been producing news for SDPB since August 2007. She Retired from this position in March 2023.
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