#SCOTUS, April 17, 2018. Sales tax case on income tax day. Big crowd.pic.twitter.com/kwUhsw8hXn
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In addition to Justices Kennedy, Thomas, and Gorsuch, who have previously signaled their belief that Quill could or should be revisted, Justice Ginsburg called it “obsolete” and was quite skeptical of arguments to keep it around.
The only thing that could save Quill appeared to be the thing that allowed Quill (which itself preserved an earlier ruling) to exist in the first place: reliance interests. It’s been around, everyone relies on it, so we should keep it.
Toward the end of the arguments, though, the Chief Justice did question that, asking Wayfair’s lawyer what reliance interests there really were — beyond the retroactivity question.
Here's the transcript from today's SD v. Wayfair #SCOTUS argument —> https://www.supremecourt.gov/oral_arguments/argument_transcripts/2017/17-494_7lho.pdf …
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