Jonathan Oberman, a professor who trains public defenders at Cardozo Law School, also scoffs at Vance’s reasoning. “There are conflicting stories from a witness?” he says. “Okay — then just apply the same standard to poor and low-income people and let them derive the same benefit.”
April 16, 2018 - The U.S. Supreme Court heard arguments in South Dakota v. Wayfair this week, which could change the way sales tax is collected over the internet by requiring remote sellers to collect and remit tax across the nation.
Edward Zelinsky said he thought that the state ultimately had the better argument but that the role of Congress will prove to be critical.
“I think the key issue is going to be: Why should we decide this case when Congress can legislate?” Zelinsky told Law360. “I’m a skeptic that the questions asked necessarily indicate how the case will come out. But, if I would listen for anything, it’s whether some or all of the justices are grappling with whether to continue to leave this to Congress and the political process.”