Community | December 12, 2009 | 15 comments

Major victory for ACORN and the Constitution

source: http://www.salon.com/news/opinion/glenn_greenwald/2009/12/12/acorn/index.html

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Rep. Alan Grayson was interviewed 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. Relying on Lovett -- which held unconstitutional a Congressional act banning specified individuals from government employment based on the unadjudicated finding that they had "subversive beliefs" and "subversive associations" -- Judge Gershon explained that under clear Supreme Court law: "the discretionary nature of government funding does not foreclose a finding that Congress has impermissibly singled out plaintiffs for punishment."
  1. groups:
    Community,   US Politics,   Law
  2. tags:
    Constitution,  ACORN,  victory
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