Policies & Issues

Supreme Court Agrees to Hear Online Sales Tax Case

Policies & IssuesJan 17, 2018

Supreme Court Agrees to Hear Online Sales Tax Case

The high court has agreed to take up a petition to reconsider Quill, the 1992 ruling that governs how internet sales tax is collected today.

2017_Supreme-Court.jpg
The U.S. Supreme Court agreed Friday to hear South Dakota v. Wayfair Inc., which requires it to revisit the 1992 decision that currently governs the collection of sales tax for merchandise sold online.

Washington--The U.S. Supreme Court has agreed to take up a petition to reconsider Quill, the 1992 ruling that governs how taxes from online sales are collected today.

The justices announced their decision to take up the case of internet sales tax on Friday, the SCOTUS blog shows.

Officially filed as South Dakota v. Wayfair Inc., the case for internet sales tax “fairness,” as it is known among proponents, made its way to the highest court in the land via South Dakota.

In 2016, legislators in the Midwestern state passed a law requiring companies that make more than $100,000 in sales or have more than 200 transactions per calendar year remit sales tax, whether they have a physical presence in South Dakota or not.

Legislators argued the state is missing out on millions in revenue from online sales and that it’s time to revisit Quill, the nearly-26-year-old decision that prohibits states from imposing sales tax requirements on vendors with no physical presence there.

Online retailers NewEgg, Wayfair and Overstock.com challenged the law in the state’s Supreme Court and won, with the court stating in its decision, “However persuasive the state’s arguments on the merits of revisiting the issue, Quill has not been overruled. Quill remains the controlling precedent on the issue of Commerce Clause limitations on interstate collection of sales and use taxes.”

In October, South Dakota Attorney General Marty J. Jackley petitioned the U.S. Supreme Court to take up the case, which it agreed to Friday.

The court is expected to hear oral arguments in April, with a decision expected by late June.

The lack of sales tax collection on online purchases is an important issue for brick-and-mortar retailers, particularly those who depend on high-dollar sales like jewelers.

Jewelers of America has been fighting on behalf of its members for changes to the legislation governing online sales tax collection for a decade and was one of 10 retail trade associations that filed an amicus brief with the Supreme Court in support of South Dakota’s petition.

JA President and CEO David J. Bonaparte called Friday’s decision a “major milestone” in the association’s long-standing fight to “level the playing field” between online and brick-and-mortar retailers.

“Now that the court has agreed to hear the case, we are optimistic that it will recognize that Quill does not reflect the retail landscape that exists today,” he said.

But Overstock.com, the only retailer of the three involved in the case that sells jewelry, sees it differently.

In a statement issued Friday, the online retailer said it is confident the high court will uphold Quill.

“States do not have the power to conscript individuals or organizations that do not have a physical presence within their state to do the state’s job of collecting sales tax,” said Jonathan Johnson, a member of Overstock.com’s board of directors. “It’s a straightforward notion. And disregard for the precedent would have severe consequences for businesses and individuals.”

He added that even if the Supreme Court decides to overturn Quill, Congress would still need to intercede in order to change federal law.

While that is true, Chris Fetzer of Haake Fetzer, the firm that lobbies on behalf of JA in Washington, said what can be expected if the Supreme Court rules to overturn Quill is states that have not already done so will move to pass laws to require retailers to collect and remit sales and use taxes, regardless of whether or not they have a physical presence in the state.

“Quill,” he observed, “would no longer be the law of the land.”

Congressional action wouldn’t be necessary in that case, but Congress would still have a role because only it can pass a federal framework for sales and use tax collection. Otherwise, Fetzer said, retailers would be required to adhere to a patchwork framework on a state-by-state basis of potentially disparate laws.

It is also worth noting that Rep. Bob Goodlatte (R-Va.), chairman of the House Judiciary Committee and a longtime opponent of online sales tax legislation, announced in November that he will not seek re-election, and so he will not be in Congress anymore come January 2019.
Michelle Graffis the editor-in-chief at National Jeweler, directing the publication’s coverage both online and in print.

The Latest

Robinson Pelham Tsar Star Earrings in Blaze
CollectionsDec 05, 2025
Piece of the Week: Robinson Pelham’s ‘Tsar Star’ Earrings

The new pink sapphire version of the piece dances with its wearer in the brand’s “Icons After Dark” holiday campaign.

Pantone 11-4201 Cloud Dancer
TrendsDec 05, 2025
Pantone’s Color of the Year for 2026 Is … White

A choice that’s generated a lot of commentary, Pantone says “Cloud Dancer” marks a fresh start and encourages relaxation and creativity.

Stuller holiday 2025
MajorsDec 05, 2025
Stuller Releases ‘Wrapped in Wonder’ Campaign

The manufacturer’s holiday campaign features a gift guide filled with trending designs and jewelry that can be personalized.

Recipients Collage 2025 - NJ (1872 x 1050 px) (1872 x 1052 px).png
Brought to you by
Impacting Tomorrow Today

How Jewelers of America’s 20 Under 40 are leading to ensure a brighter future for the jewelry industry.

Fabergé x 007 Octopussy egg and pendant
CrimeDec 04, 2025
Man Arrested After Allegedly Swallowing Fabergé Egg Pendant

The man was charged with theft, accused of ingesting the necklace while in a jewelry store in Auckland, New Zealand.

Weekly QuizDec 04, 2025
This Week’s Quiz
Test your jewelry news knowledge by answering these questions.
Take the Quiz
Exterior of renovated and expanded J.R. Dunn Jewelers
IndependentsDec 04, 2025
Step Inside JR Dunn Jewelers’ Giant New Store

The Florida independent expanded its store from 8,000 to 14,000 square feet, fulfilling the vision of its late co-founder, Jim Dunn.

DD-Email-Image-1872x1052 (1).jpg
Supplier BulletinDec 04, 2025
Introducing Shop Natural Day: A New Movement Celebrating Natural Diamonds

Sponsored by De Beers Group

roseco-catalog.png
Brought to you by
Roseco Releases New Full-Line Catalog

Roseco’s 704-page catalog showcases new lab-grown diamonds, findings, tools & more—available in print or interactive digital editions.

G-Shock DWN5600 Ring
WatchesDec 04, 2025
Casio Shrinks its G-Shock Watch

The classic 5600 series G-Shock has been scaled down to about a tenth of its size, becoming a fully functioning watch ring.

Accredited Gemologists Association logo
Events & AwardsDec 04, 2025
AGA Announces 2026 Tucson Speaker Lineup

The association’s annual conference and gala will take place Feb. 4, 2026, during the Tucson gem shows.

 CBG logo
Events & AwardsDec 04, 2025
CBG Announces Speaker Lineup for 2026 Miami Event

The January show will include a workshop for jewelry retailers on implementing AI to strengthen their businesses.

Miley Cyrus and Maxx Morando Engagement Ring
TrendsDec 03, 2025
Miley Cyrus Debuts Edgy Engagement Ring

Fellow musician Maxx Morando proposed to the star with a chunky, cushion-cut diamond ring designed by Jacquie Aiche.

Shoppers in a mall
SurveysDec 03, 2025
A Record 202.9M Shoppers Turned Out Thanksgiving Weekend

Black Friday is still the most popular shopping day over the five-day holiday weekend, as per the National Retail Federation’s survey.

Faberge The Winter Egg
AuctionsDec 03, 2025
Fabergé’s 'The Winter Egg' Achieves Record $30M

The historic egg, crafted for Russia's ruling family prior to the revolution, was the star of Christie’s recent auction of works by Fabergé.

Vera Wang Love lab grown diamond engagement ring
FinancialsDec 02, 2025
Signet Jewelers’ Q3 Sales Up Amid Continued Focus on Lower Price Points

The retailer offered more fashion jewelry priced under $1,000, including lab-grown diamond and men’s jewelry.

Briony Raymond holding Briony Raymond Eau De Parfum
CollectionsDec 02, 2025
Briony Raymond Introduces First Fragrance

The eau de parfum is held in a fluted glass bottle that mirrors the decor of the brand’s atelier, and its cap is a nod to its “Sloan” ring.

The Finsch diamond mine in South Africa, owned by Petra Diamonds Ltd.
SourcingDec 02, 2025
Petra Diamonds Elevates Interim CEOs to Permanent Status

Vivek Gadodia and Juan Kemp, who’ve been serving as interim co-CEOs since February, will continue to lead the diamond mining company.

Lee Krombholz, Michael Coan, Donna DeLucia, Joanna Joy Seetoo
MajorsDec 02, 2025
Lee Krombholz Takes Over as Chair of MJSA Education Foundation

In addition, a slate of new officers and trustees were appointed to the board.

Retail Jewelers Organization logo
IndependentsDec 02, 2025
RJO Welcomes Its 1,200th Retail Member

Witt’s Jewelry in Wayne, Nebraska, is the organization’s new milestone member.

Gemologist, geologist, and editor Brendan M. Laurs
SourcingDec 02, 2025
Brendan Laurs Honored With 2025 Bonanno Award

Laurs is the editor-in-chief of Gem-A’s The Journal of Gemmology and an expert on the formation of colored gemstone deposits.

Empress Eugénie pearl and diamond tiara
CrimeDec 01, 2025
Fourth Man Charged in Louvre Jewelry Heist

The man, who has a criminal history, is suspected of being the fourth member of the four-man crew that carried out the heist.

Van Cleef & Arpels zipper necklace Christies
AuctionsDec 01, 2025
Christie’s Presents ‘Splendor & Style’ Collection

The single-owner collection includes one of the largest offerings of Verdura jewels ever to appear at auction, said Christie’s.

Lustig Jewelers employees in store
IndependentsDec 01, 2025
Lustig Jewelers’ New Owner Is a Fellow Chicago Jeweler

Michael Helfer has taken the reins, bringing together two historic Chicago jewelry names.

Retrouvaí Classic Diamond Domino Necklace and Kwiat Entwine Platinum and Diamond Drop Earrings
MajorsDec 01, 2025
PGI Debuts Platinum-Filled Holiday Gift Guide

The guide features all-new platinum designs for the holiday season by brands like Harwell Godfrey, Ritani, and Suna.

Movado Connect 2.0 watches
FinancialsNov 26, 2025
Movado CEO Talks Tariffs, Growing Interest in Accessible Luxury Watches

During its Q3 call, CEO Efraim Grinberg discussed the deal to lower tariffs on Swiss-made watches, watch market trends, and more.

Rosior Pumpkin Ring
TrendsNov 26, 2025
Piece of the Week: Rosior’s Pumpkin Ring

Rosior’s high jewelry cocktail ring with orange sapphires and green diamonds is the perfect Thanksgiving accessory.

Greenwich St. Jewelers Embrace Your True Colors Holiday Campaign
IndependentsNov 26, 2025
Greenwich St. Jewelers Launches Colorful Holiday Campaign

The “Embrace Your True Colors” campaign features jewels with a vibrant color palette and poetry by Grammy-nominated artist Aja Monet.

×

This site uses cookies to give you the best online experience. By continuing to use & browse this site, we assume you agree to our Privacy Policy