ACORN Wins Rare Injunction Against Defunding Law

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Saturday, December 12, 2009 at 1:34 pm

In a highly unusual move, a federal court in New York issued a preliminary injunction late Friday afternoon to stop the government from enforcing a new law Congress passed that defunded the Association of Community Organizations for Reform Now, or ACORN. The court found that the law likely violates the Constitutional prohibition on a Bill of Attainder — a law targeting a specific person or group for punishment.

As the court notes in its order, the Bill of Attainder clause has only been successfully invoked five times in the Supreme Court since the Constitution was signed. Still, Judge Nina Gershon of the Eastern District of New York ruled that this case may wind up being the sixth.

ACORN and its affiliates, represented by the Center for Constitutional Rights, “have raised a fundamental issue of separation of powers,” she wrote. “They have been singled out by Congress for punishment that directly and immediately affects their ability to continue to obtain federal funding, in the absence of any judicial, or administrative, process adjudicating guilt. … The public will not suffer harm by allowing the plaintiffs to continue work on contracts duly awarded by federal agencies.”

ACORN and its lawyers claim that Congress voted to cut off funding for the organization, which supports the development of low-income housing and voter registration, as the result of a right-wing public relations campaign against ACORN and others for their efforts to register low-income and largely Democratic voters.

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15 Comments

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Pingback posted December 12, 2009 @ 3:04 pm

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Ted Head
Comment posted December 12, 2009 @ 3:16 pm

Gee, what a coincidence. ACORN wins. The hand of Barrack works miracles.


Chris A
Comment posted December 12, 2009 @ 4:50 pm

Ted Head – What a stupid statement. Here's the problem, Obama doesn't control the legislative or judicial branches of government. He's only in charge of the Executive. Secondly, do you understand what a bill of attainder is? Congress cannot tax or penalize one group above all others. They did that with Acorn. Hence, there's a pretty damning problem.


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Pingback posted December 12, 2009 @ 6:01 pm

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Pingback posted December 12, 2009 @ 7:37 pm

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Trackback posted December 12, 2009 @ 8:32 pm

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Glock
Comment posted December 12, 2009 @ 8:46 pm

The whorehouse is open again!


Irish_Wake
Comment posted December 13, 2009 @ 1:04 pm

The court found that the law likely violates the Constitution.

This bears repeating.

The court found that the law likely violates the Constitution.

We have not seen this idea recently, but at one time it was considered a crucial part of American idealism.

If Congress were to perform its duties as the Constitution dictates, fewer people would compare them to a Texas whorehouse.


Name
Comment posted December 13, 2009 @ 10:58 pm

Of course the law could be upheld if it applies broadly to other government contractors with the qualifying misdeeds. Applies to any organization that has been charged with breaking state/federal election laws, lobbying disclosure laws, campaign finance laws, of filing false paper work with any state/federal agency. Check http://www.contractormisconduct.org to see who the government can't do business with if it isn't a bill of attainder.

Yes, this is one of the more phenomenally stupid things Congress has done. And that's saying something.


Name
Comment posted December 14, 2009 @ 3:58 am

Of course the law could be upheld if it applies broadly to other government contractors with the qualifying misdeeds. Applies to any organization that has been charged with breaking state/federal election laws, lobbying disclosure laws, campaign finance laws, of filing false paper work with any state/federal agency. Check http://www.contractormisconduct.org to see who the government can't do business with if it isn't a bill of attainder.

Yes, this is one of the more phenomenally stupid things Congress has done. And that's saying something.


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Pingback posted December 14, 2009 @ 10:19 am

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Another Biased AP Piece On ACORN Victory | A Second Look
Pingback posted March 11, 2010 @ 1:40 pm

[...] advice”. No one is sure what that means except that the ruling also states that, as reported by The Washington Independent, “… The public will not suffer harm by allowing the plaintiffs to continue work on contracts [...]


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