Will Multistate Tax Compact Cases Come Back to Haunt States?

Diann Smith said that US Supreme Court litigation brought by several states regarding the Multistate Tax Compact’s election and apportionment provisions brings up “a lot of questions regarding state sovereignty versus binding collective state action. Here, the states clearly want the benefits of both; the states took advantage of the compact concept when it suited them and abandoned it informally and opaquely when it did not.”