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Editor's Note :

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Scholastic Book Clubs, Inc. v. Roberts

Petition for certiorari denied on November 26, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
12-374 Tenn. App. N/A N/A N/A N/A OT 2012

Issue: (1) Whether the lower court – unlike courts in Arkansas and Michigan – erred in deeming Scholastic’s customers (schoolteachers) to be a physical presence of the company, even though the company does not retain, compensate, or control them in any way; (2) whether the lower court erred by denying Scholastic’s Commerce Clause defense despite recognizing that schoolteachers do not act “on behalf of” the company when they help their young students buy books as part of a classroom order; and (3) whether the lower court erred by establishing a new Commerce Clause standard for the exercise of state taxing authority over non-resident retailers, rather than deferring to Congress to enact legislation under its Commerce Clause powers.

DateProceedings and Orders
Sep 20 2012Petition for a writ of certiorari filed. (Response due October 25, 2012)
Oct 25 2012Brief of respondent Richard H. Roberts, Commissioner of Tennessee Department of Revenue in opposition filed.
Oct 25 2012Brief amicus curiae of International Reading Association filed.
Nov 5 2012DISTRIBUTED for Conference of November 20, 2012.
Nov 5 2012Reply of petitioner Scholastic Book Clubs, Inc. filed. (Distributed)
Nov 26 2012Petition DENIED.
 
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