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Direct Marketing Association v. Brohl

Petition for certiorari denied on December 12, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
16-267 10th Cir. N/A N/A N/A N/A OT 16

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief supporting denial of certiorari in this case.

Issue: (1) Whether a state statute that imposes regulatory obligations that apply, as a matter of law, solely to out-of-state companies, but does not use “language explicitly identifying geographical distinctions” in its text, discriminates against interstate commerce; (2) whether the 10th Circuit erred in adopting a “comparative burdens” test for discrimination, under which the burden of regulatory requirements imposed solely on out-of-state retailers may be offset by different obligations on in-state retailers; and (3) whether the 10th Circuit erred in concluding that out-of-state retailers that do not collect Colorado sales tax are “not similarly situated” to their direct in-state competitors who collect Colorado sales tax.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 10 2016Application (15A1259) to extend the time to file a petition for a writ of certiorari from June 30, 2016 to August 29, 2016, submitted to Justice Sotomayor.
Jun 14 2016Application (15A1259) granted by Justice Sotomayor extending the time to file until August 29, 2016.
Aug 29 2016Petition for a writ of certiorari filed. (Response due October 3, 2016)
Sep 27 2016Order extending time to file response to petition to and including October 24, 2016.
Oct 3 2016Brief amici curiae of Council on State Taxation and National Federation of Independent Business Small Business Legal Center filed.
Oct 24 2016Brief amici curiae of The National Governors Association, et al. filed.
Oct 24 2016Brief of respondent Barbara Brohl, Executive Director, Colorado Department of Revenue in opposition filed.
Nov 21 2016DISTRIBUTED for Conference of December 9, 2016.
Dec 12 2016Petition DENIED.