December 12, 2009

CONSTITUTIONS ARE STUBBORN THINGS:

Judge Blocks U.S. Ban on Funding for Acorn (NOMAAN MERCHANT, 12/12/09, Wall Street Journal)

U.S. District Judge Nina Gershon in New York issued a temporary injunction late Friday. Her ruling is expected to stand until the current restrictions on Acorn expire next Friday as part of a temporary spending bill. A permanent ban, the Defund Acorn Act, has passed the House and is pending in the Senate.

Acorn's lawyers argued in part that Congress had violated the Constitution's ban on bills of attainder, legislation that punishes a specific person or group without the rights that courts provide. In making its argument, the Acorn lawyers included quotes from several Republicans accusing Acorn of being a criminal organization that deserved to be punished.

In her decision, the judge wrote that those statements "underline the punitive nature of the government's purportedly non-punitive reason" for banning Acorn.


Revenge is fun, but that's why the Founders protected us from it.

Posted by Orrin Judd at December 12, 2009 6:44 PM
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