from the Supreme Court of South Dakota
See other cases from South Dakota.
MANDATE ISSUED.
JUDGMENT ISSUED.
Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Thomas, Ginsburg, Alito, and Gorsuch, JJ., joined. Thomas, J., and Gorsuch, J., filed concurring opinions. Roberts, C. J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined.
Argued. For petitioner: Marty J. Jackley, South Dakota Attorney General, Pierre, S. D.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: George S. Isaacson, Lewiston, Me.
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Reply of petitioner South Dakota filed. (Distributed)
Brief amicus curiae of State of Montana filed. (Distributed)
Brief amici curiae of United States Senators Ted Cruz, Steve Daines, and Mike Lee filed. (Distributed)
Brief amici curiae of National Auctioneers Association, et al. filed. (Distributed)
Brief amicus curiae of United Network Equipment Dealers Association and the Owners' Rights Initiative filed. (Distributed)
Brief amicus curiae of American Legislative Exchange Council filed. (Distributed)
Brief amicus curiae of Competitive Enterprise Institute filed. (Distributed)
Brief amici curiae of House Judiciary Committee Chairman Bob Goodlatte, et al. filed. (Distributed)
Brief amici curiae of National Taxpayers Union Foundation, et al. filed. (Distributed)
Brief amicus curiae of State of New Hampshire filed. (Distributed)
Brief amicus curiae of Computer & Communications Industry Association filed. (Distributed)
Brief amicus curiae of Cato Institute filed. (Distributed)
Brief amici curiae of Chris Cox, Former Member of Congress, James S. Gilmore III, Former Governor of Virginia, and NetChoice filed. (Distributed)
Brief amicus curiae of Online Merchants Guild filed. (Distributed)
Brief amici curiae of Washington State Tax Practitioners filed. (Distributed)
Brief amicus curiae of Tax Executives Institute, Inc. filed. (Distributed)
Brief amici curiae of eBay Inc., et al. filed. (Distributed)
Brief amicus curiae of Etsy, Inc. filed. (Distributed)
Brief amicus curiae of Colony Brands, Inc. filed. (Distributed)
Brief amicus curiae of Flipper LLC filed. (Distributed)
Brief amicus curiae of Americans for Tax Reform filed. (Distributed)
Brief amicus curiae of American Catalog Mailers Association filed. (Distributed)
Brief amicus curiae of American Academy of Attorney - Certified Public Accountants filed. (Distributed)
Brief of respondents Wayfair, Inc., et al. filed. (Distributed)
Brief amicus curiae of America's Collectibles Network, Inc. d/b/a Jewelry Television filed. (Distributed)
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
CIRCULATED
Brief amici curiae of Colorado and 40 other states, et al. filed. (Distributed)
Brief amici curiae of Brill, et al. filed. (Distributed)
Brief amici curiae of Law Professors and Economists filed. (Distributed)
Brief amici curiae of International Council of Shopping Centers, et al. filed. (Distributed)
Brief amicus curiae of David A. Fruchtman supporting neither party filed. (Distributed)
Brief amicus curiae of Multistate Tax Commission, et al. filed. (Distributed)
Brief amici curiae of Four United States Senators filed. (Distributed)
Brief amicus curiae of Streamlined Sales Tax Governing Board, Inc. filed.
Brief amici curiae of Retail Litigation Center, Inc., et al. filed.
Brief amicus curiae of Tax Foundation in support of neither party filed.
Brief amicus curiae of United States filed.
Brief amici curiae of National Congress of American Indians and Indian Tribes in South Dakota in support of neither party filed.
Brief amici curiae of National Governors Association, et al. filed.
Brief amicus curiae of South Dakota Retailers Association filed.
Brief amicus curiae of City of Little Rock, Arkansas filed.
Brief amicus curiae of Professor John S. Baker, Jr. in support of neither party filed.
Brief amici curiae of National Association of Certified Service Providers and Software & Information Industry Association in Support of Neither Party filed.
Joint appendix filed. (Statement of costs filed)
Brief of petitioner South Dakota filed.
SET FOR ARGUMENT on Tuesday, April 17, 2018.
Blanket Consent filed by Respondents, Wayfair, Inc., et al., et al..
Blanket Consent filed by Petitioner, South Dakota
Petition GRANTED.
Reply of petitioner South Dakota filed. (Distributed)
Brief of respondents Wayfair, Inc., et al., et al. in opposition filed.
Brief amicus curiae of Americans for Tax Reform filed.
Brief amicus curiae of American Catalog Mailers Association filed.
Brief amicus curiae of Chris Cox, Former Member of Congress and Co-Author of the Internet Tax Freedom Act filed.
Brief amici curiae of Hon. Representative, Robert W. Goodlatte, et al. filed.
Brief amicus curiae of NetChoice filed.
Brief amicus curiae of National Taxpayers Union Foundation filed.
Brief amicus curiae of Four United States Senators, filed.
Brief amici curiae of Multistate Tax Commission filed.
Brief amicus curiae of American Booksellers Association filed.
Brief amicus curiae of Streamlined Sales Tax Governing Board, Inc. filed.
Brief amicus curiae of Tax Foundation filed.
Brief amici curiae of Law Professors and Economists filed.
Brief amici curiae of Colorado and 34 other States, et al. filed.
Brief amici curiae of American Lighting Association, et al. filed.
Brief amici curiae of American Farm Bureau Federation, et al. filed.
Brief amici curiae of International Council of Shopping Centers, et al. filed.
Brief amici curiae of National Governors Association, et al. filed.
Brief amicus curiae of South Dakota Retailers Association filed.
Brief amicus curiae of Retail Litigation Center, Inc. filed.
Brief amicus curiae of National Retail Federation filed.
Order extending time to file response to petition to and including December 7, 2017.
Brief amicus curiae of National Association of Wholesaler-Distributors filed.
Blanket Consent filed by Respondents, Wayfair, Inc., et al., et al.
Blanket Consent filed by Petitioner, South Dakota
Petition for a writ of certiorari filed. (Response due November 2, 2017)
Wayfair, Inc., et al., Respondent, represented by George S. Isaacson
American Academy of Attorney - Certified Public Accountants, Amicus Curiae, represented by James Holland Sutton Jr.
American Booksellers Association, Amicus Curiae, represented by Adam G. Unikowsky
American Catalog Mailers Association, Amicus Curiae, represented by Edward Joseph Bernert
American Farm Bureau Federation, et al., Amicus Curiae, represented by Deepak Gupta
American Legislative Exchange Council, Amicus Curiae, represented by Jonathon Paul Hauenschild
American Lighting Association, et al., Amicus Curiae, represented by Hyland Hunt
Americans for Tax Reform, Amicus Curiae, represented by Clark Russell Calhoun
America's Collectibles Network, Inc. d/b/a Jewelry Television, Amicus Curiae, represented by Charles A Trost
Brill, et al., Amicus Curiae, represented by David William Tod Daniels
Cato Institute, Amicus Curiae, represented by Ilya Shapiro
Chris Cox, Former Member of Congress, James S. Gilmore III, Former Governor of Virginia, and NetChoice, Amicus Curiae, represented by Carl Michael Szabo
City of Little Rock, Arkansas, Amicus Curiae, represented by Thomas Milton Carpenter
Colony Brands, Inc., Amicus Curiae, represented by Warren L. Dean Jr.
Colorado and 40 other states, Amicus Curiae, represented by Grant Thomas Sullivan
Competitive Enterprise Institute, Amicus Curiae, represented by Erik S. Jaffe
Computer & Communications Industry Association, Amicus Curiae, represented by Matthew Christian Schruers
David A. Fruchtman, Amicus Curiae, represented by David Allen Fruchtman
eBay Inc., et al., Amicus Curiae, represented by Andrew John Pincus
Etsy, Inc., Amicus Curiae, represented by Kevin Paul Martin
Flipper LLC, Amicus Curiae, represented by Melanie Lisa Oxhorn
Four United States Senators, Amicus Curiae, represented by Alan B. Morrison
House Judiciary Committee Chairman Robert W. Goodlatte, et al., Amicus Curiae, represented by David B. Salmons
International Council of Shopping Centers, et al., Amicus Curiae, represented by Seth P. Waxman
Law Professors and Economists, Amicus Curiae, represented by Debra L. Greenberger
Multistate Tax Commission, et al., Amicus Curiae, represented by Helen Hecht
National Association of Certified Service Providers and Software & Information Industry Association, Amicus Curiae, represented by Ruthanne Mary Deutsch
National Association of Wholesaler-Distributors, Amicus Curiae, represented by Neil J. Kuenn
National Auctioneers Association et al., Amicus Curiae, represented by Jonathan Marc Dunitz
National Congress of American Indians and Indian Tribes in South Dakota, Amicus Curiae, represented by Sam Hirsch
National Governors Association, et al., Amicus Curiae, represented by Tillman J. Breckenridge
National Retail Federation, Amicus Curiae, represented by Scott Alan Sinder
National Taxpayers Union Foundation, et al., Amicus Curiae, represented by Paul D. Clement
NetChoice, Amicus Curiae, represented by William Gregory Turner
Online Merchants Guild, Amicus Curiae, represented by Paul Spencer Rafelson
Professor John S. Baker, Jr., Amicus Curiae, represented by John S. Baker Jr.
Retail Litigation Center, Inc., Amicus Curiae, represented by Donald B. Verrilli Jr.
South Dakota Retailers Association, Amicus Curiae, represented by William Michael Van Camp
State of Montana, Amicus Curiae, represented by Dale Michael Schowengerdt
State of New Hampshire, Amicus Curiae, represented by Anthony Jordan Galdieri
Streamlined Sales Tax Governing Board, Inc., Amicus Curiae, represented by Laura Kathleen McNally
Tax Executives Institute, Amicus Curiae, represented by Alicia Pilar Mata
Tax Foundation, Amicus Curiae, represented by Joseph Darcy Henchman
UNITED NETWORK EQUIPMENT DEALERS ASSOCIATION, OWNERS' RIGHTS INITIATIVE, Amicus Curiae, represented by Jonathan Band
United States, Amicus Curiae, represented by Noel J. Francisco
United States Senators Ted Cruz, Steve Daines, and Mike Lee, Amicus Curiae, represented by Gene Clayton Schaerr
Washington State Tax Practitioners, Amicus Curiae, represented by Dirk Giseburt