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Marty Jackley is a native of Sturgis who currently serves as South Dakota Attorney General and is a candidate for South Dakota Governor.
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Marty Jackley is a native of Sturgis who currently serves as South Dakota Attorney General and is a candidate for South Dakota Governor.

Sturgis native argues before the U.S. Supreme Court


News Staff - April 18, 2018

WASHINGTON, DC – The drive by cash-strapped state governments to collect more sales taxes from online retailers ran into skepticism Tuesday at the Supreme Court, where justices voiced concern about changing long-established rules of interstate commerce.

A fight for main street retailers that began in the South Dakota Legislature, saw its final round this week as Attorney General Marty Jackley argued before the United States Supreme Court.

The State is looking to overturn a lower court ruling that does not require out-of-state or online businesses to pay state sales taxes unless they have a storefront or other physical presence in South Dakota.

Jackley made the case that the physical presence rule needs to be replaced with a more transparent system that doesn’t discriminate against brick-and-mortar retail.  But the effort to even the playing field between online and brick-and-mortar sellers, appeared to have four votes on the high court, but the magic number five seemed elusive. Still, the eventual decision by the court — expected by late June — remained up in the air.

Jackley, who will be the sixth South Dakota attorney general to argue before the Supreme Court, said small main street businesses have the most to gain should the physical presence requirement be overturned.

“Growing up in Sturgis, I never dreamed that one day I would be fighting for the state I love in the chambers of our nation’s highest court,” Jackley said.  “Our case is strong, our cause is just.”



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