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Attorney General Marty Jackley

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Attorney General Jackley Recognizes Historic South Dakota v. Wayfair Decision press release image

FOR IMMEDIATE RELEASE: Wednesday, June 21, 2023

Contact: Tony Mangan, Communications Director, 605-773-6878

 PIERRE, S.D.  –  South Dakota Attorney General Marty Jackley said five years after it was decided, the United States Supreme Court’s decision in favor of South Dakota in South Dakota v. Wayfair remains a major victory for small businesses and Main Street South Dakota.

Today (Wednesday) is the five-year anniversary of the Court’s 5-4 majority ruling in favor of South Dakota. The June 21, 2018 decision meant that states have the right to determine how to address out-of-state sellers of goods.

“It was my honor to stand before the U.S. Supreme Court as South Dakota’s Attorney General representing South Dakotans,” said Attorney General Jackley. “This was about States' Rights and fairness for Main Street business across our State and the Nation.”

In his remarks to the Supreme Court during arguments held in April 2018, Attorney General Jackley argued that the State was losing large amounts of sales tax revenue because of Congress’ inaction. He said the disparity resulted in local businesses being hurt by “an unlevel playing field.”

South Dakota’s case was supported by local, state and national organizations as well as 40 States, District of Columbia, Puerto Rico, and Virgin Islands.

“This case could not have been brought forth without the support of former Gov. Dennis Daugaard, legislators, the South Dakota Retailers Association, education leaders, and others,” said Attorney General Jackley.

The court’s ruling can be found here: