Booman Tribune

ACORN Laws Set Aside

by BooMan
Sat Dec 12th, 2009 at 10:27:56 AM EST

Oh, snap!!

December 11, 2009. New York, NY - Today, U.S. District Judge Nina Gershon granted a preliminary injunction against the United States for unconstitutionally withholding funds from ACORN. In its decision, the court found that there is a likelihood the plaintiffs will be able to show that Congress’ targeted defunding of ACORN violates the Constitution’s prohibition against Bills of Attainder, legislative acts which single out a specific person or group for punishment.

The Court’s ruling stated, “The plaintiffs have raised a fundamental issue of separation of powers. They 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 administrative, process adjudicating guilt... The public will not suffer harm by allowing the plaintiffs to continue work on contracts duly awarded by federal agencies...”

After the preliminary injunction was granted, Bertha Lewis, ACORN’s Executive Director, said, “The court's decision is a victory not only for the many dedicated citizens who work with ACORN to improve their communities and promote responsible lending and homeownership, but for the Constitution and the rights of all Americans.”

Of course, ACORN didn't do anything illegal anyway.



Display:
It's a nice Christmas fantasy to imagine that this dose of good sense from the bench might inspire our Congressional gollums to try and recall what America was supposed to be about. Maybe even admit their cowardly pandering.

Nah.

FDR's response to progressive demands: "I agree. Now go out and make me do it."

by DaveW on Sat Dec 12th, 2009 at 12:32:57 PM EST
Many will no doubt spend the holiday season grousing over the "curse of the activist judges".

"I never trust people who don't laugh." Maya Angelou, March 5, 2009
by Indianadem on Sat Dec 12th, 2009 at 12:46:19 PM EST
[ Parent ]
Bills of Attainder shouldn't be popular with Strict Constructionists either.
by BooMan on Sat Dec 12th, 2009 at 01:28:06 PM EST
[ Parent ]
Did you see Rep. Darrell Issa's statement on the ruling?  Why does Issa hate the Constitution?
by Calvin Jones and the 13th Apostle on Sat Dec 12th, 2009 at 01:38:09 PM EST
[ Parent ]
except that our 'strict constructionists' are only neo-cons hiding under different-colored skins.

under it all, the yellow dogs are still yellow dogs...  "anybody who disagrees with me must be suppressed"

"There comes a time in the affairs of man when he must take the bull by the tail and face the situation."---W.C. Fields

by justadood on Sat Dec 12th, 2009 at 02:37:23 PM EST
[ Parent ]
Three solid cheers for activist judges.  Yea! Yea! Yea!

Be bold, for boldness conquers everything.
by Dongi 2 on Sat Dec 12th, 2009 at 12:59:00 PM EST
Does anyone know the background of this judge (Nina Gershon) like who appointed her, etc?

It's just a matter of seconds until the smears from the Malkinites, etc start.

by RandyH on Sat Dec 12th, 2009 at 04:12:34 PM EST
Issa already started smearing her .. and you can see more about her here:

http://en.wikipedia.org/wiki/Nina_Gershon

by Calvin Jones and the 13th Apostle on Sat Dec 12th, 2009 at 04:21:13 PM EST
[ Parent ]
she was appointed by clinton in 1996, recommended by patrick moynihan.

Gershon is known for her intelligence, legal ability, and "quiet and businesslike" approach to judging.
...

Notable cases

In the 1970s, working as a lawyer for New York City, Gershon won a court ruling that rejected the building of Grand Central Tower on top of Grand Central Terminal, which would have ruined the historical site. The ruling was later upheld in Penn Central Transportation Co. v. New York City.[5]

In 1999, Gershon ruled that New York City mayor Rudolph Giuliani could not cut the Brooklyn Museum of Art's funding after it mounted an exhibit entitled "Sensation". Giuliani described the works in the exhibit as "sick" and "disgusting." [6]

In 2000, Gershon ruled that New York's century-old kosher food laws violated the First Amendment. [7]

In the spring of 2006, Gershon presided over the trial of Shahawar Matin Siraj, a Pakistani immigrant who was accused of plotting to blow up New York's Herald Square subway station. After a four week trial, a jury found Siraj guilty of four crimes, including plotting to bomb a public transportation system. [8] On January 8, 2007, Gershon sentenced Siraj to 30 years imprisonment for his role in the plot. [9]

wiki

google is your friend.

another one of those democratic activists, eh.

good on her, and a sad testament to the quality of legal/constitutional minds in the house and senate. one should remember, this pos piece of legislation was passed by a congress with major democratic majorities.


the revolution will not be televised...

by dada on Sat Dec 12th, 2009 at 04:25:44 PM EST
[ Parent ]
a judge that knows THE CONSTITUTION...who'd a thunk it.
by rikyrah on Sat Dec 12th, 2009 at 05:20:47 PM EST
It's about fucking time the judiciary grew a pair. Next up: Congressional "sentencing guidelines".
by sherifffruitfly on Mon Dec 14th, 2009 at 04:13:06 AM EST


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