Judge grants injunction against ACORN de-funding law Options

[mipadi]

Courtesy of the Center for Constitutional Rights:

On November 12, 2009, the Center for Constitutional Rights (CCR) filed a case challenging Congress’s unconstitutional defunding of the Association of Community Organizations for Reform Now (ACORN). The case charges Congress with violating the Bill of Attainder provision in the U.S. Constitution, violating the Fifth Amendment right to due process, and infringing on the First Amendment right to freedom of association by targeting affiliated and allied organizations, as well. CCR attorneys say members of Congress violated the Constitution by declaring an organization guilty of a crime and punishing it and its members without benefit of a trial.

On December 11, 2009, the Honorable Nina Gershon, United States District Judge for the Eastern District of New YorkJudge granted a preliminary injunction to stop Congress from singling out a single organization for punishment without proper investigation or due process.

On December 17, CCR filed new papers asking the judge to amend her decision to include new provisions in the budget passed on December 13 and signed into law by the president on December 16 that attempt to de-fund ACORN once more.

[mipadi]

Incidentally, the Defund ACORN law was struck down as unconstitutional. From the CCR:

Today, federal judge, for the second time, granted an injunction against Congress’ unconstitutional de-funding of the Association of Community Organizations for Reform Now (ACORN) to apply to federal budget provisions signed into law by President Obama in December 2009 and ordered the United State of America and several named agencies to rescind orders cutting off funding to ACORN and its affiliates and allies. A preliminary injunction was won in December 2009 in the Center for Constitutional Rights’ (CCR) case charging Congress with violating the U.S. Constitution’s protections against Bill of Attainders and the First and Fifth Amendments in several recurring resolutions. Today’s opinion extends that protection by ordering a permanent injunction and directing agency heads to disregard the provisions denying funding and to rescind the memos that implemented the Congressional action.