I got this article from Salon, you can read the whole post here,
Major victory for ACORN and the Constitution
(updated below)
In September, I interviewed Rep. Alan Grayson about the unconstitutionality of Congress' attempt to de-fund ACORN, and a couple of weeks later, examined Supreme Court precedent -- principally the 1946 case of U.S. v. Lovett -- that left little doubt that the Congressional war on ACORN violated the Constitutional ban on "bills of attainder." Yesterday, in a lawsuit brought by the Center for Constitutional Rights, Federal District Judge Nina Gershon of the Eastern District of New York found Congress' de-funding of ACORN unconstitutional and enjoined its enforcement. This is a major victory not only for ACORN, but also for the Constitution.
Judge Gershon's opinion is a model of careful and dispassionate judicial reasoning. Rejecting the DOJ's claim that Congress had merely exercised its funding discretion rather than "punished" ACORN, the court wrote: "Wholly apart from the vociferous comments by various members of Congress as to ACORN's criminality and fraud . . . no reasonable observer could suppose that such severe action would have been taken in the absence of a conclusion that misconduct occurred." The court pointed to numerous statements made by Senators, including the bill's primary sponsor (Sen. Johanns), in which they anointed themselves judge and jury to declare ACORN guilty of crimes with which they had not even been charged, let alone convicted.Why post this ACORN piece you ask? Well see my constant commenters Lisa and Linda love to talk about the evils of ACORN so I thought they would enjoy this. Below is an update...
UPDATE: As always happens whenever there is a judicial decision that undermines the Right's political interests, there are going to be hordes of right-wing polemicists marching forth to denounce this ruling as "judicial activism." They're already starting. These are people won't bother to read a single word or case about "bills of attainder," but overnight, they're self-proclaimed legal scholars on this Constitutional prohibition and are in a position to criticize the Judge's ruling as legally erroneous. Of course, the only thing they really know is that they hate ACORN and therefore dislike the outcome of this case. In other words, they're denouncing the decision for reasons having nothing to do with law and everything to do with their own political beliefs and outcome preferences -- i.e., they're advocating, as usual, for the consummate act of outcome-based "judicial activism" which they endlessly claim to oppose.
As the cowards in Congress rushed without a trial to unconstitutionally punish ACORN on a very bipartisan basis, Judge Gershon was able to ignore the lynch mob and dispassionately apply well-settled legal principles to safeguard core liberties
