The Supreme Court of the United States has now refused to hear the challenge to the New York State “Amazon law.” The fact that they are refusing to hear the case means that the lower court ruling on the matter will stand, which means that the law will remain on the books. The case is concerning what is commonly called the ‘Amazon Law’ because it affects Amazon.com and other large online retailers the most. There are several other states that have similar laws on the books, and more that are moving in that direction. The Supreme Court refusing to hear this case is a blow to online businesses and affiliate marketers who were hoping to have it ruled unconstitutional.
The other states which currently have similar laws on the books include California, Kansas, Minnesota, Missouri, Arkansas, West Virginia, Georgia, North Carolina, Pennsylvania, Maine, Vermont and Rhode Island. Though some of the laws are slightly different, it seems likely that if they are brought to the Supreme Court, they will get the same refusal to be heard.
This really leaves few options for affiliate marketers, and the companies that use them for marketing purposes, other than to continue to bring the legal battles up through the individual state Supreme Courts. One interesting counterpoint to this case is that Illinois Supreme Court recently shot down their version of the law. Whether the supporters of the law will attempt to bring it to the US Supreme Court has yet to be seen. If they do, it will be interesting to see whether or not the court hears that case.
If all 50 states enact some sort of ‘Amazon Law’ it will enable the states to collect taxes on the $13 Billion in annual sales, a number which is growing each year. This would impact large companies like Amazon and Overstock.com, as well as individual Affiliate marketers quite significantly.
What do you think about the Supreme Court’s refusal to hear the case? Please, share your comments below.
