South Dakota’s petition for certiorari in South Dakota v. Wayfair, Inc., Overstock.com, Inc., and Newegg, Inc. remains a candidate for U.S. Supreme Court merits consideration. The Court declined today either to grant or deny South Dakota’s petition and instead re-listed it for consideration at the January 12 conference. If granted, the case would give the Court an opportunity to end the unfair economic advantage that Quill gives to online-only retailers.
“The Court’s decision to re-list South Dakota’s petition is consistent with the justices’ careful consideration of the thousands of petitions they receive,” said RILA General Counsel and Retail Litigation Center President Deborah White. “Retailers have supported this case since the beginning, and still believe it is the right case to correct the constitutional course set more than 50 years ago -- well before the advent of e-commerce -- that today gives online-only retailers an unfair commercial advantage at the expense of local retailers.”
The Retail Litigation Center is a public policy organization that identifies and engages in legal proceedings that affect the retail industry. The RLC, whose members include some of the country's largest retailers, was formed to provide courts with retail industry perspectives on significant legal issues, and highlight the potential industry-wide consequences of legal principles that may be determined in pending cases.
RILA is the trade association of the world's largest and most innovative retail companies. RILA members include more than 200 retailers, product manufacturers, and service suppliers, which together account for more than $1.5 trillion in annual sales, millions of American jobs and more than 100,000 stores, manufacturing facilities and distribution centers domestically and abroad.