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ICYMI: Womack Pens South Dakota v. Wayfair, Inc. Ruling Op-ed in The Hill

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Washington, June 28, 2018 | comments

Congressman Steve Womack (AR-3) today penned an opinion editorial (op-ed) published by The Hill on the consequences of congressional inaction on e-fairness legislation following last week’s Supreme Court of the United States ruling in South Dakota v. Wayfair, Inc.

“In 1992, when the Supreme Court upheld the Bellas Hess physical presence requirement for the Commerce Clause in Quill v. North Dakota, the Court left it to Congress to “decide whether, when, and to what extent” states may require remote sellers to collect use taxes.

“While I am thrilled the Court corrected its quarter-century-old mistake when it handed down the South Dakota v. Wayfair decision last week, it’s unfortunate that Congress missed years of opportunity to lead on this simple issue of fairness…

“During my time in Congress, I have worked tirelessly with colleagues on both sides of the aisle and across the Capitol who agreed that it was a matter of when, not if, Quill would be overturned. We recognized that, at that time, small businesses and consumers would need protection from the influx of new state laws and regulations aimed at making up for the years of harm and lost revenues imposed by Quill.

“Unlike overturning Quill, which took 26 long years, these protections cannot wait. I urge my colleagues to look toward ideas outlined in our broadly supported legislation, including enacting a nationwide small seller exemption, requiring states to simplify their tax codes by joining the Streamlined Sales and Use Tax Agreement or adopting minimum sales tax simplification requirements, prohibiting retroactivity of state laws that have already been on the books, and establishing liability protections for sellers.

“Congress let a quarter-century go by and ultimately ceded to the Supreme Court our responsibility to solve for this problem. However, last week’s decision now necessitates our action. It is my hope that my colleagues will finally come to the aid of sellers and states as they navigate the long-overdue reality of a post-Quill e-commerce era and ensure a fair and level playing field for all retailers.”

Click here to read the full piece from The Hill.


Congressman Steve Womack has represented Arkansas’s Third Congressional District since 2011. He serves as the Chairman of the House Committee on the Budget and is a member of the House Appropriations defense, military construction-veterans affairs, and labor-health and human services subcommittees.





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