By  on April 17, 2018

South Dakota got a rare chance to argue before the U.S. Supreme Court why all retailers, online or off, should be subject to a state’s sales tax — but the justices aren’t sure they’re the best group to decide this decades-old debate.

During an hour of oral arguments on Tuesday, the court came back repeatedly to the question of whether Congress is better suited to untangle the mess that is state sales taxes as applied to online and brick-and-mortar retailers, laid bare by South Dakota’s lawsuit against a trio of online companies — Wayfair, and Newegg. South Dakota wants the companies to submit to a new state law forcing them to remit sales tax, even without any “physical presence” in the state, something called for by the Supreme Court’s 1992 ruling in Quill Corp. v. North Dakota.

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