D.C.'s Bid To Impose Commuter Tax Denied

The appellate judges said that the commuter tax case "amounts to little more than a collateral challenge to the District's lack of representation" in Congress.

The challenges fall short, they said, because of the "special character" of the District set forth in the Constitution.

"It is beyond question that the Constitution grants Congress exclusive authority to govern the District, but does not provide for District representation in Congress," the judges stated in the ruling.

If District voters do not feel that the situation is fair, "their dispute lies with the plan of the Constitution and the judgment of its Framers," the judges wrote.

"Congress is the District's government," the opinion said, "and the fact that District residents do not have congressional representation does not alter that constitutional reality."

Judges Harry T. Edwards and Judith W. Rogers joined Roberts in the opinion, which was issued "per curiam," or in the name of the court. The judges heard arguments in the case in April.

Michael D. Berman, deputy chief of litigation for the Maryland attorney general's office, said the ruling underscored earlier court decisions that said the District is a creature of Congress and should look to the federal government for any additional money.

Virginia Attorney General Judith W. Jagdmann (R), in a statement, called the decision "an enormous victory" for Virginia commuters.

In the District, leaders issued statements decrying the ruling.

Mayor Anthony A. Williams (D) said "the District would be a stronger city and the region a better place to live if the residents of our city had the same rights and privileges as people in other cities and states."

D.C. Council Chairman Linda W. Cropp (D) said she found it "regrettable that District citizens will still get second-class treatment."

Council member Adrian M. Fenty (D-Ward 4) said he will introduce legislation to call for a citywide referendum on the commuter tax to keep the public's attention focused on the issue.

Del. Eleanor Holmes Norton (D-D.C.) said the ruling could provide a boost to pending congressional legislation that would give the District an $800 million yearly federal payment. She said all congressional representatives in the Washington region support the payment.

"This was a difficult hill to climb," Norton said, referring to the legal appeal.

"I do think it shows the determination of District residents to be treated as equal citizens in every sense of the word."