Tag Archives: Commerce Clause

SCOTUS Opinion: State Residency Requirement For Liquor Store Licenses Struck Down

Tennessee law required that to get a license to sell alcohol, the seller had to first be a Tennessee resident for two years. The state agency tasked with enforcing the law declined to do so after the state’s attorney general opined that the law violated the Commerce Clause of the Constitution. When two non-resident businesses applied for licenses, a... Read More >

Court Permits States To Impose Sales Taxes On Online Retailers Under The Commerce Clause

In prior cases going back to 1992, the Court had ruled that the Commerce Clause precluded States from imposing sales taxes on sellers who did not maintain a physical presence in the State. But then the Internet exploded, and online retailers like Amazon regularly sell products in the various States while eluding sales taxes. In South Dakota v. Wayfair,... Read More >