This week, The Hill published a commentary piece from Hamilton Davison, president and executive director of American Catalog Mailers Association (ACMA), that supported Speaker John Boehner’s decision to not move the Marketplace Fairness Act forward during the lame duck session of Congress. “House Speaker John A. Boehner’s decision to oppose an Internet sales tax measure championed by Senate Democrats and Republicans in the lame duck session is not just good politics, but also good policy in light of the efforts the House Judiciary Committee has already made toward developing an alternative that would treat all kinds of retailers fairly and equally,” said Davison. “At first blush, Boehner’s announcement that he would oppose any effort to jam the ironically named Marketplace Fairness Act through Congress in the lame-duck session may seem like politics as usual, but the sordid history of that legislation paints a different picture.”

Davison went on to explain that after the Senate passed the Marketplace Fairness Act in May of 2013, the House refused to take up the flawed legislation. Instead, under the leadership of House Judiciary Committee Chairman, Bob Goodlatte (R-VA), the House pursued a more thoughtful approach to the issue of remote taxation. In fact, Chairman Goodlatte released 7 principles in an attempt to guide Congress’ efforts on legislating on this issue. His principles included technology neutrality, tax competition, and respect for states’ rights, which all address fundamental flaws with the Marketplace Fairness Act.

Although the House has been working on an alternative solution to the Internet sales tax issue, Senate leadership has signaled its desire to move the Marketplace Fairness Act in the final weeks of Congress. Opponents of the legislation, including the American Catalog Mailers Association and eBay Inc. are concerned that the Senate may try to force the House’s hand on the issue and pass a bill that will impact small remote sellers across the country. “That threat is why Boehner’s public commitment to oppose MFA is so important, and so timely”, wrote Davison. “It may not be enough to prevent outgoing Senators from attempting a last bit of procedural sleight-of-hand, but it makes it much harder for supporters to move the fatally flawed MFA in a quick and chaotic lame-duck session.”

Find more information on eBay Inc.’s position on the Marketplace Fairness Act and to express your concerns with this legislation.