The case is Lucia v. SEC.
The sales-tax case represents a consolidated effort by states to overturn a 1992 Supreme Court decision upholding a constitutional rule that barred requiring vendors to collect sales tax on mail-order sales unless the business had a “physical presence” in the state.
The Supreme Court on Friday added a third examination of discriminatory gerrymandering to its docket, this time from Texas, and announced it will consider overruling a decades-old precedent that hobbles states from requiring online retailers to collect sales tax.
It had ordered the state to redraw the lines in time for the 2018 elections. Instead, Texas asked the Supreme Court to put the rulings on hold until justices could review the ruling’s merits.
It is also notable because it is another case for which the Trump administration’s Justice Department switched sides. It says it now agrees with Lucia and others in the business community who say that the SEC’s way of appointing the judges violates the Constitution.
[Supreme Court takes new gerrymandering case from Maryland]
The case is South Dakota v. Wayfair.
At issue is whether the SEC’s administrative law judges are employees or, because they wield significant decision-making authority, are “inferior officers” covered by the Constitution’s “appointments clause.”
South Dakota took the lead, and told the court it was time to overturn the precedent, Quill Corp. v. North Dakota.