Judge on Trump’s Short List for US Supreme Court Penned DMA Concurrence

Overview


Peter Faber praised potential Supreme Court nominee and Tenth Circuit judge Neil Gorsuch for his “thoughtful opinion” on the dormant commerce clause in Direct Marketing Association v. Brohl( DMA). Regarding DMA’s impact on the Quill state tax nexus standard, Mr. Faber suggested that Judge Gorsuch “might vote to overturn Quill if the Court accepted a case involving the issue, but that he might be reluctant to grant cert in the first place.”