Supreme Court Should Allow Congress to Finish its Job on the Remote Sales Tax
Unlike the court system, Congress is much better equipped to adopt a nuanced solution that will protect all parties’ legitimate interests without burdening small business owners unfairly.Today, Congressman Bob Goodlatte (R-Va.), Chairman of the House Judiciary Committee, filed an amicus brief asking the Supreme Court to deny review of the case of South Dakota v. Wayfair, Inc. Proponents of review seek a Court-imposed solution to challenges in the collection of taxes on sales by out-of-state vendors, a matter that the Court itself has previously said is within Congress’s constitutional jurisdiction. Rep. Anna Eshoo (D-Calif.), Rep. Jim Sensenbrenner (R-Wis.), Rep. Steve Chabot (R-Ohio), Sen. Ron Wyden (D-Ore.), and Sen. Mike Lee (R-Utah) also joined Goodlatte in submitting this bipartisan, bicameral brief.
Goodlatte issued the following statement:
“During my tenure as House Judiciary Committee Chairman, my colleagues and I have worked long and hard, seeking ideas from state representatives, brick-and-mortar shop owners, and online retailers and negotiating a compromise for the collection of already-owed taxes that works for all parties. As a result of these efforts, the House Judiciary Committee has authored draft legislation that balances these competing interests, defends state sovereignty, protects against regulation without representation by states, and promotes simplicity and fairness for traditional retailers and online vendors alike.
“A single decision from the High Court would impose a one-dimensional, heavy-handed solution that short-circuits the legislative process. Unlike the court system, Congress is much better equipped to adopt a nuanced solution that will protect all parties’ legitimate interests without burdening small business owners unfairly.
“I believe a legislative solution to the problem of remote sales tax collection is feasible, and I urge the court to allow Congress to finish its job.”
Read the full text of the brief in opposition to the petition. Previously, Goodlatte described the history of his efforts to resolve the remote sales tax issue. He has also outlined seven basic principles that must be included in any legislative solution for remote sales tax.