Clinton judicial appointee stymies congressional ACORN funding ban
Oy. The Hill’s Eric Zimmerman reports that a Clinton-appointed judge has enjoined the congressional ACORN funding bans as illegal “bills of attainder:”
A federal judge today issued an injunction preventing the implementation of a congressional ban on funding for ACORN.
Judge Nina Gershon concluded that the ban amounted to a “bill of attainder” that unfairly singled out ACORN.
“[The plaintiffs] 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 even administrative, process of adjudicating guilt,” Gershon wrote in her decision.
Gershon said ACORN had demonstrated “irreperable harm” from the ban, while “the potential harm to the government, in granting the injunction, is less.” The decision noted that the ban had already prevented ACORN from receiving payment from contracts awarded before the ban took effect.
“The public will not suffer harm by allowing the plaintiffs to continue work on contracts duly awarded by federal agencies, which was stopped solely by reason of [the ban],” Gershon wrote.
In defending the ban, the Obama administration argued it interpreted the bill narrowly enough to allow payment of existing contracts. But Gershon found the legislation too broad.
Constitutional law professor Eugene Volokh mulled over the legal questions in September here. So did Hans von Spakovsky here. His conclusion:
In sum, the Defund ACORN Act does not meet the legal definition of a bill of attainder. There is no valid reason why the courts would not defer to the legislative judgment of Congress as to the regulatory purposes of this statute, particularly since its general provisions provide no proof of punitive intent and further the interests of not providing taxpayer funds to organizations that violate campaign finance and election laws — laws that implicate the very essence of our democratic form of government and our voting process.
The [Congressional Research Service report on the bill of attainder question] at one point concedes the tenuousness of such a claim, as it should, when it admits that a “court would most likely be able to discern a rational, non-punitive purpose for [the Act]: a desire to prevent federal funds being used for activities that violate federal or state law.”[30] There is no basis for a court to overcome the presumption of constitutionality of the Act and rule otherwise
ACORN critic Mike Gaynor can say “I told you so.”
Gershon’s Judgepedia profile is here.
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Why can’t someone file suit against ACORN? It has been proven that they were actively involved in political campaigns, which should invalidate their 501(c)(3) status.
I do not understand how they continue to operate irregardles of the scandals.
I was just reading the article about the contract being canceled for Blackwater to load Predator drones in Pakistan.
Interesting how Panetta can have the CIA review all contracts and cancel this one, yet nobody in Washington seems to be able to figure out what ACORN is scamming, and whether their funding can be banned.
Disgusting pigs.
“In United States v. Brown, 381 U.S. 437 (1965) (cited by von Spakovsky in footnote 8 of his article), in which the United States Supreme Court held that in designating Communist Party members as persons who cannot hold union office, Congress exceeded its Commerce Clause power to enact generally applicable legislation disqualifying from positions affecting interstate commerce persons who may use such positions to cause political strikes, the Court stated: “The best available evidence, the writings of the architects of our constitutional system, indicates that the Bill of Attainder Clause was intended not as a narrow, technical (and therefore soon to be outmoded) prohibition, but rather as an implementation of the separation of powers, a general safeguard against legislative exercise of the judicial function, or more simply – trial by legislature.
von Spakovsky: “The bill of attainder clause has never been read to prevent Congress from defunding an organization or a corporation whose employees engage in criminal conduct, and it has rarely been invoked by the modern Supreme Court. Indeed, the Court has ‘not invalidated legislation on bill-of-attainder grounds since 1965.’”
So ACORN must be funded forever to allow them to steal election in perpetuity? Yah sure, that makes sense.
I guess that means they can do whatever they want with the government money too.
My comment my be too hard to remain posted, but I have to say, under this
administrationregime, justice has been raped.I thought this was the point.
As IF grounds matter. All you need is a judge these days. No rule of law. No evidence of wrong/right doing. Just a judge to make things right by their own word.
Good = bad
Bad = good
The second coming couldn’t get here soon enough for me. Then THE Judge will set ALL things right and in order.
Come quickly – PLEASE
Let me see if I understand this correctly. First, Congress illegally gives funds to Acorn in violation of the Constitution of the United States. Then, Acorn gets slammed because they are caught on film doing illegal things with the funds. Next, a judge says that the illegal funds that were given to Acorn while Acorn was performing illegal acts were illegally banned. Wouldn’t it be a lot easier if everyone just did things LEGALLY. DONCHA THINK?
Defund ANY and ALL orgs like it, so poor, wittle ACORN won’t feel singled out. Problem solved.
God, I hate these judges. Ignore the fact that ACORN was involved in illegal activities.
The bill purports to do this. It does say that any organization that is indicted for violations of campaign laws would be defunded.
The question then is why Congress continues to work with Lockheed Martin.
If congress can’ t stop the money flow, than they don’t have the right to start it.
Cuz dey be heppin de black folk, anz to kweshtun dem is raaaaacccciiissst!
I found this for the judges rating.
Me too.
It was an employee PAC, not Lockheed, and if the treasurer of the PAC could just pocket the donations one assumes LM had no oversight over the organization. Neither could be a 501c3 anyway.
ACORN has manipulated voter registration and participated in political campaign activities. They should have lost not just government funding, but their non-profit status.
True dat!
Lets see in democrates world an embezzlement scheme by an employee PAC is the same as all the voter fraud acorn is guilty of not including their side trip into the sex slave business.
That is not the only Lockheed example, nor is Lockheed the only government contractor that this bill SHOULD affect fwiw, but in any case, have you READ the law? It is meant to sweep up in its net any entity affiliated entities. Hell, according to the law, a corporation that employed a JANITOR that had violated federal election law should be defunded.
I don’t know whether or not it is a bill of attainder (but it is certainly a closer issue than many here would like to admit). But it is most definitely a sloppily written law.
The ban on funding ACORN also applies to who else? What other organization?
Constitutional purists should be concerned.
Congress controls the purse strings, not the Judicial! Sheesh! These activist judges always sticking their nose where it don’t belong, in between bouts with penis pumps under their robes!
Born in Chicago, ILL.
What more do you have to say?
Every human from the Chicago cesspool is a corrupt gangster. It’s genetic.
…
and this is allowed under WHICH Article and Section of the Constitution?
RWR
http://www.rightwingrocker.com
(meaning ACORN getting money from the Fed in the first place)
RWR
http://www.rightwingrocker.com
Really? With Eric Holder controlling the Justice Dept? With the Community Organizer-in-Chief in office? I trust your comment was made more in frustration than one of disbelief.
Curiousier and curiouser…
Well OK then? We are no longer a country of laws, but of men. If Congress no longer has the power of the purse as given in Article I, Section 8 then I guess the rest of that old worn out document called the US Constitution just doesn’t matter anymore either.
It’s just about time to saddle up and dispense some old timed frontier justice to the fascist’s quickly taken over this country before it’s too late. I’ll even provide the rope!
The courts have become a form of super legislature and the only way to control them rests with the Congressional power of the purse. I do not understand why the judicial branch’s annual funding request simply gets passed along without challenge. I would be in favor of cutting the judiciary by 10% per year until they are back in the constitutionally mandated place. Short of that, nothing will change and judges like Gershon will continue to push a social justice agenda that is nothing more than socialism.
I have come to the conclusion that the judges and lawyers are just as dishonest as the criminals. Oh I forgot another group, the Constitutional scholars. These people have bastardized our Constitution to the point that it means nothing today. We need to start over again, but this time with honest people.
Have we ever had a more disgusting bunch of pigs running this country? Even the Clinton administration wasn’t this bad, and Clinton was pretty darn corrupt! This is so ingrained in the current culture in DC that they don’t even see it. None of it seems wrong to any of them. In other words, they have absolutely no moral compass. These are dangerous times when our “leaders” are morally bankrupt and have the majority. We have no voice and the ones in power are evil. Bad combination.
Acorn and it’s numerous subgroups is obama’s money transfer system.
God bless Okeefe and Giles for their work, but the truth was never going to stop these libs.
Congress does not work with LockMart the Defense Dept does – to answer a question – for the very same reason Congress works with SEIU, ACORN, The CBC, etc etc Ad Nauseous
This makes zero sense.
This is to be expected: ACORN calls the cut off a “Bill of Attainder” and the Leftist-all-follow in lock step. As these Leftist traitors re write our Constitution to fit their needs so they re write our language.
Come the Day of Reckoning other actions will be needed. Then we shall hear these Leftist Traitors scream to Heaven it’s self for their Constitutional Rights and the Christian Mercy they have so denied others. If GOD shall have mercy on their souls I do not know–no honest man will show them false mercy on this earth.
I trust and fear Obama and such will provide us the opportunity. Sadly all too many of the innocent shall be lost first. We are a people slow to seek revenge-all in all I think that is a good thing-but the Left is pushing and feel their time for total power is here: it is up to us to stop them and Obama and such WILL NOT let anything so insignificant as a Constitutionally mandated election stop them. Lenin and Stalin are more their model than Madison or Washington.
“The question then is why Congress continues to work with Lockheed Martin.”
For very same reason Congress works wwith SEIU, ACORN, The UAW,The Teachers Unions etc. Make perfect sense to me.
If the Justice Department actually did it’s job and prosecutted ACORN (the entity) for the multiple cases of voter fraud across the nation as well as the missuse of monies (violations of the campaign finance laws), and other crimes they could shut the organization down…Like I said IF.
Now who was it that “unfairly singled out” Bernie Madoff, when the government is awash with Ponzi schemes, all exponentially larger than anything Madoff could have come up with.
Was Charles Manson “unfairly singled out” too?
Okay, then. Carry on.
You just said a mouthful of wise stuff there, AZ! This country is on the brink of full-scale revolt. The only reason it hasn’t happened already is because the conservatives are the ones being stomped on. We are slow to anger and don’t just “react” like the lefties do. You know, the ones who run out into the streets and break windows, trash cars, etc. They think we are so meek they can get away with this crap. But the tipping point is very very near and they will find out we can be fierce fighters. Look at the military. Most of them lean right, not left. Be warned Pelosi, Reid, etc. Your days in “power” are growing short.
The left (as with all tyrants and wanna be tyrants) is actually quite afraid of us and that explains the constant drumbeat for “gun control” and Homeland Security’s recent report on the dangers from rightwing extremests sent to law enforcement earlier this year.
I think you could easily change the names on the following quotes to any number of current American politicians without misstating their beliefs or intentions:
So true!! And what the lefties just can’t seem to grasp is that the evil ones always have ways to get guns. The laws mean nothing to them. So, you disarm the normal citizens who just want to have protection and who will have all the guns??? Geez, that is such a no-brainer. Even Ft. Hood didn’t allow guns. And look what happened. I don’t personally have a gun, but everyone has a legal right to have one, if they pass the background check and take a safety course. Anyone who has a gun…put it in a safe place where it can’t be taken from you!! I think we are at “war” with the government right now. Declared by them, not us.
chap – We’re not on the same page here. I am questioning ACORN’s right to continue operating under IRS rules as a 501c3 organization, i.e. “public charity”. From the IRS Compliance Guide: (p.5 ff)
MM has repeatedly highlighted whistleblower Anita Moncreif’s revelations that ACORN has clearly, repeatedly and systemically violated this prohibition. Even the NYT picked up on it, questioning their status as a 501c3.
Aside from the congressional funding bill, or what some libro-judge says, the IRS should revoke their 501c3 status, and asses back taxes, penalties and fines for monies recieved since the violations occured.
I serve on the boards of two 501c3′s, and if we tried anything remotely like this they would be all over us like a cheap suit. (pun re frivolous litigation unintended, but if the suit fits…)
This Move by this judge in favor of stealing the money of hard working Americans will eventually have deadly implications..
It is my prediction that Justice will come out of the shadows of the night to deal with the ACORN problem, & return there undetected, until it is time to strike again. The arrogance of the Obama Administration & almost all our entire Government ignores the ingenuity, strength, & resolve of the American people.
If we’re given a choice of dying naturally, but also free, from a Heart Attack or a Stroke, or dying in bondage to the government, I guarantee you there will be many who will take up arms against tyrants. Remember I said it.. If this behavior from the left keeps up, there will in fact be an uprising that will make the L.A. & Watts riots look like a bar room fight.
Believe me, I am more than well aware of the rules surrounding 501(c)(3)s and campaign and political activity. I could pull up for you on my computer at least 3 legal memos for clients that I wrote as a younger associate.
I would say that, setting aside the stuff that would clearly be illegal regardless of public charity status, ACORN is walking that very very fine line between “voter eduction” and campaigning and GOTV efforts and campaigning and permissible lobbying, just as a thousand other groups on both sides (like the Heritage Foundation, for example). They may fall over the line further or more often than most, but we are talking about a matter of degrees of behavior, not different behavior.
It is a huge problem. I have thought for a long time that the definition of a 501(c)(3) entity should be tightened up.
All these threads are dead.
Where’s the weekend open thread?
Chaps, what is your point?
Which side are you on?
swede, chap has issues to resolve.
pure – I’m sure I do as well, but the ACORN issue should be a no brainer.
Lawyer double speak. ACORN is way over the line.
Chaps, I know you supremely value a salient solution or point but you confess here that you do not have the courage, the resolve, the wherewithal, to follow through with that impetus.
ACORN is now and always been a cesspool.
Chaps, you should be thanking the God you don’t believe in that WarEagle82 isn’t here right now.
Otherwise swede would be flagging us to MM.
We are on the same page.
Now how about the Sweden vs. Norway jokes?
OK, I’ll bite. How can you tell a Nord viking from a Swedish viking? (Aside from the hats)
Hi, swede, let me check Kingfish’s email.
How can you tell the difference between Norwegian and Swedish Vikings?
both believe in rape pillage and pluder. But the swedish vikings only the cattle
Heh, sort of like those state to state jokes.
Why don’t they kill flies in Kentucky?
Because it’s the state bird.
signed,
Indiana native
Oops, inconvenient truth:
Heh. The nice thing about Nord vs Swedish jokes is that they are reversible.
Interesting in the CIA stats you found that Nobel/Green/Politically correct Norway makes the vast majority of their wealth from oil exports. I did not know that, but it figures. Typical liberal hypocrisy.
Unfortunately, the hyprocrisy doesn’t hold court that way there.
The stark reality is that the Scandivanian countries have not had to absorb the minority groups.
Combined with their natural resources, throws their economic stats up the top of the charts.
I appreciate very much that someone checked back on my latter comments.
If America could take her World Fact stats from a filet mignon cut of our most white geographic areas, we would blow Norway off the map.
I’m hamburger.
Where’s the playground?
jangar, you will have to report to swede.
He says we are not allowed to play and will rat on us to MM.
swede is self-appointed Father here.
NO PLAYING IN LIVING ROOM!
Correction.
cheezburger
The side of consistency.
Tyler Perry’s mom has died.
His inspiration for the character Madea is gone.
A great woman.
First, that is not “double speak.” Overused term. Equivocation, perhaps. Second, ACORN may indeed be over the line but not as much of an outlier as you would like to believe, you can find hundreds of organizations and churches that disobey the law as egregiously, on both sides of the aisle.
Give it up, Chaps.
Your time would be better spent absorbing the wisdon of Madea.
I sure wish my mother was still around to learn about this woman.
Agreed. Equivocation it is.
Also agreed. And all who do so should lose their 501c3 status, especially ACORN.
It’s nice that we can be so agreeable.
Been think of some CHRISTmas gift ideas for chap.
I admit. That made me laugh.
Please guys! Madea is gone,
BOOO HOOOOOOOOOOOO!
swede, I won’t rat on you for being off topic.
pure – Please get over it already. I thought a thread was getting particularly ugly. The owner of this place agreed, and asked me to flag individual commenters. I didn’t. Heading for bed now anyhow. Have fun.
Nite all.
Why is there a media blackout on the fact that the Obama Birth Certificate complaint has been given the ok to go forward on it’s merits by a federal judge?
http://www.wnd.com/index.php?pageId=109242
Sure, I go on vacation for a week and something interesting happens. Which thread would this be?
Off topic…I just found out the REAL reason that Tiger is leaving golf.
swede, I’m over it. Was razzing you.
Should have added a
pure said
Often times a person is reserved when the inspiration for his message is still with us. Madea, as I understand it, is a blend of not only his mother, but grandmother and aunt.
In time, Madea just may really come out of the box with both barrels smokin! Perry could really do some excellent work, as he already has, in exposing and educating the black community on issues related to modern-day slavery: slavery of the mind and heart, the token sheep of liberalism.
Well, I still don’t see a weekend open thread, so let’s hear it!
Hopefully it’s because he’s publicly humiliated himself…and he should bow out and do some soul cleaning. Turd.
Too many of his balls were going into the rough.
Sorry.
pure said:
Michelle was busy this weekend at our Arkansas 12/12 party, and a book signing in Little Rock. We might be hick, but we do know how to party.
Funny!
A Tiger Update thread could have been a fun playground…
Funny!
Next one: What do Tiger Woods and seal pups have in common?
ZZ Top said, “There’s rednecks everywhere. We’re just more honest about it.”
Off topic again. I keep hearing about Tea Party people who are emerging as great conservative candidates for 2010!!! This is getting exciting. I just hope people get over the idea of forming a third party at this jucture! It would fracture our votes and assure a big loss, which we simply cannot allow to happen! It is exactly what the liberals want us to do. Rush and Beck are both strongly opposed to a third party. There is no structure in place for one, and no funding. We need to get the GOP on board, and I do believe they are waking up.
MSM only makes fun of “birthers”.
Even Fox doesn’t talk about it.
WND’s the only place that stays on it.
Something about clubs, I’m sure.
By the way, I think MM would forgive everyone for going off topic, since this thread died a natural death and there is no other one going.
purealchemy said:
They have a condo not far from my humble abode, here in the sticks.
Right. They both get clubbed by Scandivanians.
(okay, kind of sick)
I am not only a “birther”, I don’t believe he went to all those schools either. He has spent over one million dollars to keep a lid on his birth cert, his college records and his medical records. WHY??? You don’t do something like that without a compelling reason. Doesn’t pass the stink test, and those people who are ignoring the obvious are acting very stupidly. This will come out eventually. Everything does. But will it be too late to save the country?
happy said:
Not so! It is, after all, a Clinton story…doesn’t need to stay on topic.
I do believe RedPill will be along any minute. He/She can smell a birther story a mile away.
More than Obama’s birth certificate, my issue remains with his history of citizenship in other countries – post birth.
JD, you’ll have to ask swede. He says I’m not allowed to talk about it anymore.
Exactly. The move from Indonesia back to Hawaii.
Which schools?
I agree! Very exciting! More realistic plan is to shake down the Republican Party to get it back on track.