Judge: Ban on ACORN funding unconstitutional

Nina Gershon, a district judge in New York, issued a preliminary injunction directing the department of Housing and Urban Development, the Office of Management and Budget and the Treasury department to disregard a bill signed into law by President Obama that prohibited federal funding of the Association of Community Organizations for Reform Now.

“The question here is only whether the Constitution allows Congress to declare that a single, named organization is barred from all federal funding in the absence of a trial,” Gershon wrote in her opinion. “Because it does not, and because the plaintiffs have shown the likelihood of irreparable harm in the absence of an injunction, I grant the plaintiffs’ motion for a preliminary injunction.”

Gershon said that “none of the government’s justifications stand up to scrutiny” and that “no non-punitive rational” is obvious.

ACORN was the subject of bipartisan disdain in September, after undercover videos were released that seemed to show the organization’s employees offering advice on how to break the law. Republicans and Democrats voted to stop federal funding of the group – a measure signed into law by the president on the back of an appropriations bill.

In November, the group sued the federal government, claiming that the provision, attached to the legislative branch appropriations bill, was a bill of attainder – unconstitutional legislation that unfairly punishes one group. As part of this lawsuit, ACORN sought a restoration of federal funding.