Oh, snap!!
December 11, 2009. New York, NY – Today, U.S. District Judge Nina Gershon granted a preliminary injunction against the United States for unconstitutionally withholding funds from ACORN. In its decision, the court found that there is a likelihood the plaintiffs will be able to show that Congress’ targeted defunding of ACORN violates the Constitution’s prohibition against Bills of Attainder, legislative acts which single out a specific person or group for punishment.
The Court’s ruling stated, “The plaintiffs have raised a fundamental issue of separation of powers. 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…”
After the preliminary injunction was granted, Bertha Lewis, ACORN’s Executive Director, said, “The court’s decision is a victory not only for the many dedicated citizens who work with ACORN to improve their communities and promote responsible lending and homeownership, but for the Constitution and the rights of all Americans.”
Of course, ACORN didn’t do anything illegal anyway.
It’s a nice Christmas fantasy to imagine that this dose of good sense from the bench might inspire our Congressional gollums to try and recall what America was supposed to be about. Maybe even admit their cowardly pandering.
Nah.
Many will no doubt spend the holiday season grousing over the “curse of the activist judges”.
Bills of Attainder shouldn’t be popular with Strict Constructionists either.
Did you see Rep. Darrell Issa’s statement on the ruling? Why does Issa hate the Constitution?
except that our ‘strict constructionists’ are only neo-cons hiding under different-colored skins.
under it all, the yellow dogs are still yellow dogs… “anybody who disagrees with me must be suppressed”
Three solid cheers for activist judges. Yea! Yea! Yea!
Does anyone know the background of this judge (Nina Gershon) like who appointed her, etc?
It’s just a matter of seconds until the smears from the Malkinites, etc start.
Issa already started smearing her .. and you can see more about her here:
http://en.wikipedia.org/wiki/Nina_Gershon
she was appointed by clinton in 1996, recommended by patrick moynihan.
google is your friend.
another one of those democratic activists, eh.
good on her, and a sad testament to the quality of legal/constitutional minds in the house and senate. one should remember, this pos piece of legislation was passed by a congress with major democratic majorities.
a judge that knows THE CONSTITUTION…who’d a thunk it.
It’s about fucking time the judiciary grew a pair. Next up: Congressional “sentencing guidelines”.