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The U.S. Supreme Court on Friday said it will decide whether online retailers must pay state sales taxes even if they have no physical presence in the state, a move they have long resisted but one the court has expressed interest in revisiting.

The justices will hear arguments in a case brought by South Dakota against online giants Wayfair, Overstock.com and NewEgg Inc. A victory for the state could open a potential multibillion-dollar source of revenue for the states.

The South Dakota petition was among 12 cases that the justices agreed to review and will likely fill most of the remaining argument slots in the current term. Among the other cases, the justices said they will consider challenges by Texas to lower court rulings that its redistricting plans were racial gerrymanders. And they have agreed to decide whether administrative law judges at the Securities and Exchange Commission were hired in violation of the Constitution’s appointments clause.


Supreme Court Takes Up Dispute Over SEC Judges


South Dakota and Alabama have been leading legal fights with online retailers in order to overturn a 1992 U.S. Supreme Court decision that bars the states from collecting sales taxes from those retailers if they don’t have a physical location in the state. South Dakota’s petition urges the high court to overturn Quill v. North Dakota.

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Marcia Coyle

Marcia Coyle, based in Washington, covers the U.S. Supreme Court. Contact her at [email protected]. On Twitter: @MarciaCoyle

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