South Dakota Supreme Court

  • South Dakota Supreme Court Hears Oral Argument In Commerce Clause Challenge

    … as unconstitutional pursuant to the long-standing physical presence test of “substantial nexus” that applies under the Commerce Clause, as reaffirmed by the United States Supreme Court in 1992 in Quill Corp. v. North Dakota. While admitting that the statute does not pass muster under Quill, the State is hoping to use the litigation as a vehicle…

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