Overview
Arthur Rosen said the Direct Marketing Association should clearly prevail on the technical substantive arguments in its cert petition asking the US Supreme Court to overturn a lower court ruling that upheld Colorado’s use tax on out-of-state retailers. Mr. Rosen explained that the state’s differing treatment of in-state and out-of-state sellers is obvious and there is no need for the state statute to affirmatively articulate the intended or resulting discrimination.