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Photoshop credit: Leo Alberti Connie Hair at Human Events has the news: The U.S. Court of Appeals for the Second Circuit has issued a stay on the December 2009 injunction by Clinton-appointed Judge Nina Gershon that declared the Association of Community Organizers for Reform Now (ACORN) funding ban was unconstitutional. The result of the stay is that the Congressional funding ban will go back into effect, and ACORN will not receive taxpayer dollars while the court reviews the case. “I applaud the Court of Appeals for immediately addressing the…
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The Justice Department is seeking to reverse a judge’s ruling last week that the law to defund ACORN is unconstitutional. Federal District Judge Nina Gershon last week put a preliminary injunction on the funding ban, which was pushed by Republicans in Congress in the wake of the hidden camera scandal that embarrassed ACORN. Gershon agreed with a claim by ACORN that the bill was unconstitutional because it singled out a specific entity for punishment
Ed Whelan’s analysis of Judge Nina Gershon’s pernicious opinion in the ACORN funding case — Gershon granted an injunction — is right on the money (pun intended). Gershon’s opinion — that not receiving discretionary federal funding fits the definition of “punishment” as a prohibited Bill of Attainder — would be laughable if there were not such serious issues at stake. Of course, that probably does seem like punishment to someone who has never, ever had a job in the private sector and has spent her entire legal career working for the government or as a law professor.