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Tomorrow South Dakota Makes History

FOR IMMEDIATE RELEASE:  Monday, April 16, 2018

CONTACT:  Sara Rabern (605) 773-3215 

PIERRE, S.D. - A fight for main street retailers that began in the Legislature will see its final round Tuesday as Attorney General Marty Jackley prepares to represent South Dakota before the United States Supreme Court.

"Growing up in Sturgis, I never dreamed that one day I would be fighting for the state I love in the chambers of our nation's highest court," Jackley said. "Our case is strong, our cause is just. We're being backed by messages of support from South Dakota businesses and the American people."

Jackley, who will be the sixth South Dakota attorney general to argue before the Supreme Court, said small main street businesses have the most to gain should the physical presence requirement be overturned.

"In addition to eliminating the 6.5 cent advantage given to large out-of-state retailers, a victory for South Dakota protects those small businesses who also sell products outside the state," Jackley said. "Our statute takes the size of the business into account, and suggestions that Governor Daugaard and the Legislature are trying to subject small businesses in South Dakota to new taxes are simply not accurate or helpful."

Joined by the Trump administration and 44 other attorneys general, Jackley is making the case that the physical presence rule needs to be replaced with a more transparent system that doesn't discriminate against brick-and-mortar retail.

Oral arguments are scheduled to begin at 10:00 a.m. EST. 

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