Amazon and Overstock have filed an application to petition the US Supreme Court to hear their case against the state of New York, challenging its affiliate nexus tax law, according to the Performance Marketing Association (PMA).
Amazon and Overstock lost their appeal in New York courts after a 4+ year legal battle.
The PMA states that this likely indicates Amazon and Overstock have lost faith in the chances of the Marketplace Fairness Act (MFA).
The MFA federal legislation recently passed by the Senate, but got stuck in the House.
Passage of the MFA would have made existing affiliate nexus tax laws moot.
This would have resulted in advertisers being able to reinstate the nearly 100,000 affiliate marketers who were previously booted in the 12 states where these laws have passed.
Amazon and Overstock have retained Ted Olson, the attorney who recently won the legalization of gay marriage in front of the Supreme Court.