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July 30th, 2013, 04:57 PM #1
Marketplace Fairness Act Likely Delayed Indefinitely
- Join Date
- June 21st, 2011
In a significant setback for those of you hoping that the Marketplace Fairness Act would pass soon in the House, it looks like the Bill could be deadlocked for the foreseeable future. This is mostly because Amazon and Overstock have decided to petition the US Supreme Court to hear their case against the state of New York. The House is unlikely to budge on the MFA until the Supreme Court decides whether it will hear the case and if so, makes a ruling. It's even possible that if they decide to hear the case, it will not be heard until next term (October of 2014). Here is an article from the PMA that goes into more detail:
PMA Alert: Game Changer for Affiliate Nexus Tax
July 30th, 2013, 05:22 PM #2
Why would this be a surprise? How could Amazon NOT have filed a petition to try to bring the constitutionality of nexus laws before the Supreme Court? This was a given from day one.
Getting Ted Olson as lead counsel is a major coup. He has won cases that have changed the course of history, from Bush v Gore to Hollingsworth v. Kristin (Prop 8/DOMA cases)
And, the ONLY way to get the House to consider the MFA is by a change as to which is the House majority party.
August 27th, 2013, 05:23 PM #3
Per the PMA:
The US Senate passed the Marketplace Fairness Act in May, federal legislation that updates interstate commerce law, to allow states to collect sales tax from Internet retailers.
There appears to be more resistance to the MFA in the House than we initially hoped. The MFA seems to be lumped in with other bills the Senate has passed, being used as examples for the House to demonstrate its independence in thinking separate from the Senate. As we feared, this bill is being held back by partisan politics having little, seemingly, to do with the substance or support of the bill itself.
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