Decided

No. 17-494

South Dakota v. Wayfair, Inc., et al.

from the Supreme Court of South Dakota

See other cases from South Dakota.

Docket Entries

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.

DISTRIBUTED for Conference of 1/5/2018.

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)

Parties

Wayfair, Inc., et al., Respondent, represented by George S. Isaacson

Amici Curiae

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

 
Last updated: November 12, 2024