Well, that may be that for proponents of a commuter tax for the District.

The U.S. Supreme Court today quietly turned down an appeal filed by pro-tax activists, letting stand a decision by a federal appeals court that argued that only the U.S. Congress could allow such a measure. And given that no Congressional representative from a district that neighbors D.C. would dream of endorsing such a tax — especially influential Northern Virginia pol Rep. Tom Davis (R-Va.) — the idea is all but dead. Walter Smith, director of the D.C. Appleseed Center for Law and Justice, expressed his disappointment with the decision, stating in a press release:

Every state–and territory–in the U.S. has the ability to tax all income generated within its borders, yet Congress has prohibited D.C. All citizens of the region–as well as the Nation itself–have a stake in ensuring that the Nation’s Capital has the funding it needs to serve and protect those who live, work, and visit here. We will take this issue to Capitol Hill and urge that it take action to make sure the necessary funding is available.

District officials and activists have long wanted to impose the tax, which would force the hundreds of thousands of non-residents who work in the city to help pay for their use of public infrastructure, notably roadways. Some 300,000 residents of Maryland and Virginia work in the city, making up 70 percent of the city’s workforce and taking with them $1.4 billion in taxable income on an annual basis.