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George F. Will: South Dakota asks the Supreme court to circumvent Congress and the market

Washington • South Dakota has become what South Carolina once was — stubborn, pugnacious and wrong. In 1860, South Carolina became the first state to vote to secede. In 2016, South Dakota’s legislature picked a fight in the hope that the U.S. Supreme Court would reverse a prior decision, thereby handing the state a policy victory it failed to win in Congress.

South Dakota has enacted a law contradicting a 26-year-old court decision concerning interstate commerce, and a law Congress passed and extended ten times. The state wants to tax purchases that are made online from vendors that have no physical presence in the state.