“’Each year the physical presence rule becomes further removed from economic reality and results in significant revenue losses to the States. These critiques underscore that the physical presence rule, both as first formulated and as applied today, is an incorrect interpretation of the Commerce Clause,’ he wrote.”
That’d be for congress to decide bubba. Legislating from the bench.
“’Each year the physical presence rule becomes further removed from economic reality and results in significant revenue losses to the States. These critiques underscore that the physical presence rule, both as first formulated and as applied today, is an incorrect interpretation of the Commerce Clause,’ he wrote.”
That’d be for congress to decide bubba. Legislating from the bench.”
I agree with both conclusions.
The decision seems to read that the SCOTUS creation of the physical presence rule is the problem. SCOTUS created it, they rightly destroyed it. So too, they and you recognize that CONGRESS has the controlling power on this issue.
What the court is proclaiming is “We were wrong to create this double standard of taxation, and we now turn it back to the states and congress, were it rightly belongs. It is a political question, not something for the court.”