America's independent, non-partisan advocate for overburdened taxpayers.

 

Blog Contributors

Brandon Arnold
Executive Vice President 

Dan Barrett
Research and Outreach Manager 

Melodie Bowler
Government Affairs Intern 

Demian Brady
Director of Research 

Christina DiSomma
Communications Intern 

Jihun Han
Communications Intern 

Timothy Howland
Creative Content Manager 

Samantha Jordan
Communications Intern 

Curtis Kalin
Communications Intern 

Ross Kaminsky
Blog Contributor 

David Keating
Blog Contributor 

Douglas Kellogg
Communications Manager 

Sharon Koss
Government Affairs Intern 

Michael Liguori
Government Affairs Intern 

Richard Lipman
Director of Development 

Joe Michalowski
Government Affairs Intern 

Diana Oprinescu
Communications Intern 

Austin Peters
Communications Intern 

Kristina Rasmussen
Blog Contributor 

Attorneys General Band Together to Oppose Internet Sales Tax, Protect Constitution


Brandon Arnold
June 14, 2013

Great news for taxpayers: Attorneys General (AGs) in Oregon, Montana and Alaska have formed a coalition to oppose the so-called Marketplace Fairness Act (MFA), better known as the Internet sales tax.

This week, AGs Ellen Rosenblum of Oregon, Michael Geraghty of Alaska and Timothy Fox of Montana correctly stated in a letter to Congress: “By authorizing the enforcement of state use tax laws that require remote sales retailers to collect and remit use tax proceeds to out-of-state taxing authorities that the retailer has not established ‘minimum contacts’ with, the [Marketplace Fairness Act] violates the Due Process Clause.”

This important message – that the MFA fails to pass Constitutional muster – is being conveyed to Capitol Hill at a critical time. MFA supporters felt the wind at their backs when the Senate passed the MFA last month. They are now working fervently to carry that momentum over to the House of Representatives.

Thankfully, the bill has not seen action in Congress’ lower chamber.  That’s largely because House Judiciary Committee Chairman Bob Goodlatte has tapped the brakes by noting his “significant concerns” with the legislation – though he left the door open to “considering legislation concerning this topic.”

House Speaker John Boehner also expressed concern, but stopped short of outright opposition by stating:  "I just think that moving this bill where you have 50 different sales tax codes — it is a mess out there.”

While House passage of the MFA is far from imminent, it’s being aggressively pushed by its proponents: an alliance of big retail companies and state politicians. They have combined to form a well-funded and powerful lobbying force that ignores the burden of MFA on small businesses and consumers.

That’s why this new coalition of Attorneys General could be extremely important.  Not only could they influence the thinking of Members of Congress with sound legal arguments, the AGs have the ability to file a lawsuit to overturn MFA in the event it becomes law. Let’s hope it never gets to that point, but if it does, it is refreshing to know that this coalition will be there to fight for the Constitution, taxpayers, and small businesses.


 

Comment on this blog

Nickname
Comment
Enter this word:

User Comments