Justices’ Lean Toward States’ Rights Boosts Taxing Powers

Law360 (November 21, 2018, 1:28 PM EST) -- The U.S. Supreme Court’s recent leaning toward states’ rights and skepticism of dormant commerce clause power have resulted in an environment more sympathetic toward state taxing powers.

Supreme Court Justice Ruth Bader Ginsburg, as well as certain conservative justices, have been sympathetic to states’ rights, including tax law. (AP) In multiple recent cases, the justices have shown an eye toward state sovereignty and a willingness to strike down federal statutes that purport to tell states what to do. Even more significant, the court has been willing to re-examine past precedent and has displayed skepticism of dormant commerce clause arguments, putting more...

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