ACORN Defunding Bill Unconstitutional

Dallas             

Legal Director of the Center for Constitutional Reform in New York which represented ACORN

Legal Director of the Center for Constitutional Reform in New York which represented ACORN

Federal Judge Nina Gershon ruled unequivocally that the Congressional defunding restrictions on ACORN and all affiliated organizations were unconstitutional by breaching the U.S. Constitution’s prohibitions on Bills of Attainder and “ex post facto” laws.   Reading the decision this morning, I can say that are arguments are straightforward, clear, and well researched

            Judge Gershon eviscerates the sham attempts by the government to establish that their actions were not targeting ACORN by quoting from the the naked prejudicial attacks by Senators Kit Bond (R-Missouri) and Mike Johanns (R-Nebraska) and by carefully referencing the government’s admission that Congressman Darryl Issa (R-Ohio) and his own private office staff report on ACORN being a “criminal enterprise” was not commissioned by Congress, but were simply his own wild rantings, which she quotes in a footnote from one of his many press releases.  The decision is understated but devastating to the government’s weak hand.  Bill Quigley, our old friend from New Orleans who is now on leave from Loyola Law School and serving as legal director of the Center for Constitutional Reform in New York which represented ACORN, was quoted in an AP story in the New Orleans Times-Picayune saying he did not believe the government would appeal.  That may be wistful spinning, but it is clear that whether the government appeals or not, the appeal has no chance of success against the ironclad Gershon decision.  [Incidentally, Quigley was orginally contacted for help on this matter by longtime Louisiana ACORN director, Beth Butler, who set this defense in motion, but was abruptly and unjustly fired by current management inexplicably in mid-October, but that’s another kettle of fish.]

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