Thursday, June 21, 2018
4 -1-1 v 4, the supreme court allows south dakota to tax internet sales.
a plurality reverses quill, which had said you couldn't tax out of state businesses.
i am oversimplifying a complex fact pattern.
thomas, as usual, rejects the dormant commerce clause.
what is interesting here is that gorsuch hints that he agrees.
this shows that like thomas, gorsuch is an out of the box thinking willing to go in whole new directions and disregard stare decisis when needed.
here, they are rejecting years of interpretation in favor of a return to the text,
continuing scalia's crusade.
i am thinking of doing a short article or long blog post about the Constitution in Exile movement, which EV denies exists, even though he is a major player in it.
Return of the Constitution from Exile?
IJ has litigated over 200 cases, including five before the U.S. Supreme Court. Of those five cases, IJ won four of the cases before the Supreme Court and won the fifth case (the Kelo eminent domain case) in the court of public opinion.
ij now has a 6th case teed up, on the excessive fines clause.
a plurality reverses quill, which had said you couldn't tax out of state businesses.
i am oversimplifying a complex fact pattern.
thomas, as usual, rejects the dormant commerce clause.
what is interesting here is that gorsuch hints that he agrees.
this shows that like thomas, gorsuch is an out of the box thinking willing to go in whole new directions and disregard stare decisis when needed.
here, they are rejecting years of interpretation in favor of a return to the text,
continuing scalia's crusade.
i am thinking of doing a short article or long blog post about the Constitution in Exile movement, which EV denies exists, even though he is a major player in it.
Return of the Constitution from Exile?
IJ has litigated over 200 cases, including five before the U.S. Supreme Court. Of those five cases, IJ won four of the cases before the Supreme Court and won the fifth case (the Kelo eminent domain case) in the court of public opinion.
ij now has a 6th case teed up, on the excessive fines clause.
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