FOR 50 years, savvy Americans have enjoyed a sales-tax loophole. By ordering a product from an out-of-state company, consumers could often avoid paying the tax their states and cities impose on purchases. Consumers had two Supreme Court decisions to thank for the savings: long-standing rulings that have prohibited states from requiring stores with no physical presence within their borders to collect sales tax on purchases. But on June 21st, the justices voted 5-4 to end this half-century-old gift.
The ruling in South Dakota v Wayfair featured an unusual line-up. Swing Justice Anthony Kennedy, who all but invited the lawsuit by noting his displeasure with the precedents in 2015, was joined in his majority opinion by three conservatives (Justices Samuel Alito, Neil Gorsuch and Clarence Thomas) and one liberal (Justice Ruth Bader Ginsburg). The dissent was penned by the rather conservative chief justice, John Roberts, and signed by three of his liberal-leaning...Continue reading
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