Does Congress have that power? I suppose you could argue they're interstate commerce regulations, but idk if that'd fly.
Edit: Obvious SD v Wayfair is relevant here, https://www.supremecourt.gov/opinions/17pdf/17-494_j4el.pdf
It's too complex to even take a stab at guessing what they'd say based on that though. Also, I'd forgotten what a wild lineup the votes were.
GINSBURG, ALITO, and GORSUCH, JJ., joined. THOMAS, J., and GORSUCH, J., filed concurring opinions. ROBERTS, C. J., filed a dissenting opinion, in which BREYER, SOTOMAYOR, and KAGAN, JJ., joined.
Edit again: Seems Roberts agrees Congress can do something:
Roberts noted that Congress has been considering whether to alter the physical-presence rule, and “nothing in today’s decision precludes Congress from continuing to seek a legislative solution. But by suddenly changing the ground rules, the Court may have waylaid Congress’s consideration of the issue.”
The majority “proceeds with an inexplicable sense of urgency,” the chief justice said, and it “breezily disregards the costs that its decision will impose on retailers.”
There are complex distinctions made in more than 10,000 taxing jurisdictions, he said.
“New Jersey knitters pay sales tax on yarn purchased for art projects, but not on yarn earmarked for sweaters,” Roberts said, while Texas imposes a sales tax on plain deodorant but not on deodorant with antiperspirant, and Illinois treats Twix and Snickers bars differently for sales-tax purposes.
https://www.scotusblog.com/2018/06/opinion-analysis-court-ex...