The U.S Supreme Court shows it’s ready to overrule precedent in Franchise Tax Board of California v. Hyatt. Will Roe v. Wade be next?
Share to twitterU.S. Supreme Court Associate Justice Clarence Thomas arrives for the ceremonial swearing in of Associate Justice Brett Kavanaugh in the East Room of the White House on October 8, 2018. The decision today in a residency tax audit case, on its third trip to the U.S. Supreme Court, shows how the Court is ready to overturn prior cases. Justice Stephen Breyer put it succinctly in his dissent: “Today’s decision can only cause one to wonder which cases the Court will overrule next.
“This case shows that precedent gets little weight with the conservative justices on the Roberts’ Court; Justice Breyer expresses this well in his dissent,” says Erwin Chermerinsky, dean of University of California, Berkeley, School of Law, who argued the case on behalf of Hyatt in January.
The FTB case concerned Gilbert Hyatt, who moved from California to Nevada after earning big royalties on a technology patent. The California Franchise Tax Board pursued him, picking through his trash and contacting more than 100 third parties to try to prove that his move to Nevada was a sham to avoid $10 million-plus in state income taxes. Hyatt’s protest of that tax bill is still pending before the California Office of Tax Appeals.
Separately, Hyatt sued the FTB in Nevada state court for the torts he alleged the agency committed during the audit. California sought to have the case dismissed under its laws granting immunity to state officials. The U.S. Supreme Court
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