The Supreme Court is the only thing holding back your taxes going up substantially, and it’s starting to look like today’s court is ready to open the floodgates.
The Founders knew the states would love to stab each other with punitive taxes, hindering interstate commerce. So they reserved to the Congress the authority to meddle in interstate commerce, giving our nation the means to cooperate and build ourselves into prosperity.
This is why the Supreme Court ruled 8-1 in the Quill Corp. v. North Dakota case, back in 1992, that states can’t just willy nilly impose sales tax collection requirements on out-of-state corporations. But times are changing, and the entire Democrat wing of the Court seems ready to change that.
So what’s holding back the tax and spend states from running amok? The rest of the court, but that doesn’t seem too solid. We previously looked at how Anthony Kennedy was ready to flip, and now Clarence Thomas who joined Kennedy in the late Antonin Scalia’s concurrence in Quill is the next domino, along with newcomer Neil Gorsuch. Says the LA Times:
Justice Clarence Thomas, who like Kennedy concurred in the outcome in the 1992 decision but did not sign on to the court’s opinion, has been a steady skeptic of the “negative” commerce clause. It “has no basis in the text of the Constitution and makes little sense,” he wrote. And Justice Neil M. Gorsuch criticized the “physical presence” rule when he was an appellate judge in Colorado, calling it a “sort of judicially sponsored tax shelter” for online sellers.
So we’re possibly set to see a 7-2 ruling in favor of the states having the authority to impose sales tax collection requirements across state lines, and the only way to stop this is a new law passed by the US Congress protecting shoppers (and businesses).