Wayfair Arguments Throw Wrench into Quill Narrative

Overview


M. Miller Baker told a McDermott-sponsored event in Washington that Supreme Court oral argument in the Wayfair online sales tax case had “all the makings of a legislative debate as opposed to a legal argument,” adding the Court “may not have a majority for anything.” Diann Smith agreed that the Court seemed to favor congressional action over legal action, joking that the states face “about three months of heavy drinking, and then they’ll get down to work” after the Court rules.