Judge stops ACORN funding ban

[FourScore]

Source: The Hill's Blog

A federal judge today issued an injunction preventing the implementation of a congressional ban on funding for ACORN.

Judge Nina Gershon concluded that the ban amounted to a "bill of attainder" that unfairly singled out ACORN.

"{The plaintiffs} 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 even administrative, process of adjudicating guilt," Gershon wrote in her decision.

Gershon said ACORN had demonstrated "irreperable harm" from the ban, while "the potential harm to the government, in granting the injunction, is less..."



Read more: http://thehill.com/blogs/blog-briefing-room/news/71911-judge-stops-acorn-funding-ban

[rfranklin]

1. And the wingnuts begin to froth at the mouth...

The evil ACORN is again roaming the streets, signing up cartoon characters to commit voter fraud for Democrats. Oh, the horror, the horror!

[truthisfreedom]

9. Did you see the rabid frothing noisemakers posting in response below the article?

These people are nuts. Acorn fell victim to criminals who wanted to steal money for providing false voter registrations. The totally silly thing about this is that people who are dead and people who don't exist can't vote.

Let me say that again for any wingnuts who are reading.

NO fraudulent voting happened as a result of Acorn, and the criminals who were victimizing Acorn were FIRED. It's impossible for dead people and non-existent people to vote.

Wingnuts are just scared that poor people, downtrodden and homeless people, and (woo, scary) ethnic groups other than white people might actually register to vote.

[rurallib]

10. The bill of attainder is ok for ACORN

yet when it comes to giving state money to religious groups, that is OK

[axollot]

72. Or continue to fund War Profiteers (inc)! n/t

[bjobotts]

85. I loved the way Grayson made these repubs read the law and then called them on it

[bjobotts]

86. He said "We all know what this is about and that is ACORN is registering more dems than repubs"

[bjobotts]

87. The Jim Crowe era of blocking voters is over wingnuts.The country really is liberal.

[bjobotts]

88. Congress or repubs in congress were dead wrong on this and wasted tax $s

[bjobotts]

89. The proven frauds and fined recipients of gov. funds is KBR, Blackwater, Haliburton etc.

[bjobotts]

90. to the tune of millions lost and these repukes go after ACORN.They're shameless

[No Elephants]

91. ACORN registers people in poor neighborhoods, regardless of how they vote.

[Canuckistanian]

13. I'm SO sick of the "Mickey Mouse" argument

Because sooner or later, "Mickey Mouse" has to show up at the polls and produce a valid ID.

The whole complaint against ACORN requires that you turn off the "logic" part of your brain.

It's almost Kafkaesque, but they've never even read Kafka.

[tosh]

60. "...turn off the "logic" part of your brain."

Therein lies the problem. There exists no such part in these people. It has totally atrophied away.

[donquijoterocket]

68. probably not into skiing

I once used the term kafkaesque in the presence of a friend of a friend- nice guy, but a bit dense- whose reaction was that the people I was describing must not be into skiing.He'd obviously confused Franz Kafka with Franz Klammer. His reaction pretty much typifies the whole wingnut mindset from the ACORN kerfluffle to the various denialist sects- climate, evolution etc.-As another poster has it the centers for reason of the average wingnut brain must be atrophied to the point of nonexistence.This judge will, of course, be entered onto the list of "activist" judges who stand in the way of democracy.He'll be damned lucky if blowhardbillowlielly doesn't give him a mention on one of his crapfests or dispatch one of his stalker/ambusher "producers"to waylay him and demand an explanation.Such points of law as bill of attainder means absolutely nothing to folks who like the red queen and her words think the law means what they say it means, no more no less.

[tblue]

78. Lol! I imagine you'd just shake your head and say, "Oh never mind."

That's really funny. Scary to that people that ignorant drive and vote.

[No Elephants]

92. Anyway, Mickey probably votes Republican, just like Walt Disney.

;)

[StClone]

16. I wish it were that simple

Wingnuts are belief driven and facts do not dissuade them in their fear and loathing. I wish them enlightenment but they will fight it with ever fiber of their ignorant being.

[GoCubsGo]

34. They are not just scared. They are stupid.

Anyone who thinks ACORN or anyone else is getting away with some kind of fraud does not understand the voter registration process. ACORN does not place voters on the voter rolls. The state election commission does that. All ACORN employees do is get people to fill out the paperwork, which they turn into the election commission. The phoney ones get weeded out there.

The other silly thing is the voter ID complaints. Somehow, if you don't show a photo ID, someone can vote in your name. It doesn't matter to them that your name is on the roll once, and you have to sign in when you vote. Two votes cannot be cast under one person's name.

Maybe "stupid" is a little harsh. "Ignorant" is probably more appropriate. It is sad and shameful that so many people in this country have no idea how their government works.

[SharonAnn]

77. And, they MUST turn in all completed Voter Application Forms. They MAY NOT

decide to remove any of them and not submit them.

Anyone who acts in getting Application for Voter Registrations completed in our state MUST turn in (and quickly) all completed forms to the Election Commission. It is up to the Election Commission to make any decisions about who is or is not a valid voter.

And think about it, you wouldn't want any old "citizen's group" deciding who is or is not a valid voter and whose registration application should be submitted and whose who should be thrown out.

There is Registration Fraud
Voter Fraud
and Election Fraud

They all affect the legitimacy of elections, but Registration Fraud is the individual who filled out an invalid form and is the least likely to have an effect on an election.

Voter Fraud is when a voter actually shows up and votes, purporting to be a valid voter. We had a case of that two years ago here in TEnnessee when the woman who was chair of the Tennessee Republican Women's Committee actually showed up at a polling place and voted in another person's name. She had already voted early in her own name. She was charged and convicted.

Election fraud consists of a lot of things. Losing ballot boxes, not counting some ballots, compromising the computer systems that count the votes, etc.

[Igel]

84. This is true.

However, a number of articles from newspapers in various states posed precisely that question to the BOE or state election commissioner.

The response was that ACORN did separate out some applications as fraudulent or incomplete. However, they nonetheless submitted *in the "good" pile* a high percentage of applications that were fraudulent or incomplete, and obviously so.

In other words, rather than due diligence they essentially showed doo-doo diligence.

The claim that they were required to submit all of them is true and since it's true it's often considered both a necessary and a sufficient defense. You have to do a bit of work and question whether it's really a sufficient defense, though, to get past the facile response.

[No Elephants]

93. And your point is?

First, who are these alleged election commissioners and how do you know what they say?

Second, are these alleged election commissioners Republicans or Democrats, and how do you know?

Third, what is ACORN's motivation for deliberately submitting "obviously" fake registrations without flagging them as suspect?

Fourth, the law requires ACORN to turn in ALL registrations, fake or not. It does not require ACORN to flag. ACORN's function is to register people to vote, period. It is the responsiblity of the state to weed out the frauds.

Fourth, bottom line, no one votes unless they show up at a polling place and give their name and address, which name and address matches the records of the people manning the polls.


The alternative is that no one will be out in poor neighborhoods registering voters. Is that the goal?

[Mugweed]

42. Yeah, one of them wants to defund the EPA

What a bunch of mindless freaks. I would feel sorry for them if they weren't such hateful bigoted scum.

[la la]

81. defunding the EPA-

this is another LaRouche loony idea. they were at my PO again, yesterday---and 'arguing' with me about Obama and making mammograms 'illegal' yeah--i know---:crazy:

but defunding the EPA was one of their 'poster points'!

[laughingliberal]

44. It's an activist judge!!! Appointed by that liberal Clinton!!!

Yeah, I saw them. Totally expected. And entertaining.

[No Elephants]

95. Riiiight. Because the role of federal judges does not include deciding cases brought by

plaintiffs.

[nxylas]

59. I'd eliminate the word "just" from your last post

I don't deny that many low-information voters are still pissed at MLK (hell, they're still pissed at Lincoln). But in their confused, enfeebled minds, I think they genuinely believe that ACORN is busy getting people to fraudulently vote Democrat, and that's the only reason that Obama won the election when "everybody" voted for Palin (oh, and McCain). And of course the Right-wing noise machine that is their sole source of information isn't exactly going to go out of its way to correct that misunderstanding.

[Name removed]

20. Deleted sub-thread

Sub-thread removed by moderator. Click here to review the message board rules.

[Name removed]

21. Deleted sub-thread

Sub-thread removed by moderator. Click here to review the message board rules.

[Tesha]

32. That pesky old Constitution, ehh? If only they could get rid of that! (NT)

[No Elephants]

94. They've been trying--and not failing. Give them time.

[Turbineguy]

56. They can froth

when their heads explode nothing actually comes out.

[axollot]

71. +++LMFAO! This will be HUGH!!!11!! n/t

[varelse]

2. That's good news

:)

[sasquuatch55]

54. VERY GOOD!

nt

[ellie]

3. Hahahahahaha

Suck on it repukes. God, I hate Republicans.

[dixiegrrrrl]

4. Several DU folks pointed out the attainment issue earlier.

Way to go...nice to see we have some Judges making sense.

[SPedigrees]

5. This is way beyond good news! eom

[havocmom]

6. Ah, due process and all that? cool

That video was no kind of proof of anything except an agenda to dismantle a group that helps people who need help.

[boppers]

7. Hey Congress, guess what? Judges outrank you on the Constitution.

This should be a nice slap in the face to wingers who don't understand our government.

[D-Lee]

8. One good experienced judge! nt

[John Kerry VonErich]

11. Yeah, watch it get overturned..

It's just a step.

[laughingliberal]

47. Maybe, but I'm wondering how many hoops a judge would have to jump through to

deny this is a bill of attainder. I kind of like the one Congressman who said they should just broaden it to apply to any organizations accused of fraud. Then we could just defund the entire MIC. Would solve so many of our problems I can't even begin to enumerate them all.

[axollot]

75. Bill of Attainder is a pretty big thing. They can try but it won't get far

Edit: I saw Grayson and his will not yeild! Dang how did I forget that?!?
I saw a C-SPAN vid on this very issue and a Dem talking to a a 'thug in session and actually forced the 'thug to admit to what they were doing to acorn was akin to Bill of Attainder just as this judge says it does. Wish I can remember who it was that I saw discuss this - sorry. It was fantastic.
Cheers
Sandy

For more information.


Bill of Attainder

Definition: A legislative act that singles out an individual or group for punishment without a trial.

The Constitution of the United States, Article I, Section 9, paragraph 3 provides that: "No Bill of Attainder or ex post facto Law will be passed."

"The Bill of Attainder Clause was intended not as a narrow, technical (and therefore soon to be outmoded) prohibition, but rather as an implementation of the separation of powers, a general safeguard against legislative exercise of the judicial function or more simply - trial by legislature." U.S. v. Brown, 381 U.S. 437, 440 (1965).

"These clauses of the Constitution are not of the broad, general nature of the Due Process Clause, but refer to rather precise legal terms which had a meaning under English law at the time the Constitution was adopted. A bill of attainder was a legislative act that singled out one or more persons and imposed punishment on them, without benefit of trial. Such actions were regarded as odious by the framers of the Constitution because it was the traditional role of a court, judging an individual case, to impose punishment." William H. Rehnquist, The Supreme Court, page 166.

"Bills of attainder, ex post facto laws, and laws impairing the obligations of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation. ... The sober people of America are weary of the fluctuating policy which has directed the public councils. They have seen with regret and indignation that sudden changes and legislative interferences, in cases affecting personal rights, become jobs in the hands of enterprising and influential speculators, and snares to the more-industrious and less-informed part of the community." James Madison, Federalist Number 44, 1788.

Supreme Court cases construing the Bill of Attainder clause include:

Ex Parte Garland, 4 Wallace 333 (1866).
Cummings v. Missouri, 4 Wallace 277 (1866).
U.S. v. Brown, 381 U.S. 437 (1965).
Nixon v. Administrator of General Services, 433 U.S.425 (1977).
Selective Service Administration v. Minnesota PIRG, 468 U.S. 841 (1984).

[izquierdista]

12. How many Democrats?

How many Democrats were cowed into voting for this bill of attainder? How many members of Congress who claim to be lawyers voted for this bill of attainder?

[WCGreen]

19. Attorneys in name only...

[tblue37]

80. The sort of lawyers that Orly Taitz is. nt

[Odin2005]

14. WOOHOO!!!

:woohoo:

[L. Coyote]

15. I guess there are no attorneys in Congress,

:rofl: at least none bright enough :rofl: to see this coming.

[DireStrike]

41. Alan Grayson - must-watch

http://www.youtube.com/watch?v=AKz5ZHM8kFM

[laughingliberal]

46. He's wonderful! "I yield my remaining 5 seconds." Bwaaahahahaha

"Trial by legislation." The Repigs scream about "legislating from the bench" all the time. I love Grayson nailing them for "trial be legislation."

[intheflow]

83. That was brilliant.

I can see Grayson being president watching this. He comes across as an impulsive, amusing guy, but he has gravity to him as well. Thanks for posting this!

[bluestateguy]

17. I'm not an ACORN fan, but indeed the bill had constitutional problems

The judge was correct.

[marshall]

101. And while this means they MAY receive money, it doesn't mean they WILL

It just puts them back on an even playing field with the hundreds if not thousands of other organizations that petition for government funding.

[AlbertCat]

18. Alas!

I kinda liked the other way of making this constitutional: withdrawing fed funding from Blackwater, Lockeed/Martin, Boeing....etc...

[jmowreader]

38. Not quite, but close

If they were to withhold federal funding from all the Christian groups who are sucking on the public teat, withholding funding from ACORN would be constitutional. Since they won't do that, they have to continue to fund ACORN.

[dorktv]

57. I think that would pass muster on the lemon test to defund.

After all, separation of church and state.

[usregimechange]

22. Gershon is a Clinton appointee

[alp227]

23. I've been hearing Clinton-appointed judges a lot on the news recently

Yesterday, The Washington Post reported on Judge Gladys Kessler ruling that the Defense Dept was in contempt of court for not taping a detainee's testimony.

I have another right-wing talking point in mind. Clinton-appointed judge allows federal funding for organization that assisted in pimping. Clinton himself slept around with hoes when he was Arkansas governor and US president. Therefore, Clinton is associating with ACORN to spread STDs and keep Democrats in power with puppet votes. Oh remember, Congress's STD will stand for: "Solely to Democrats".

[defendandprotect]

30. Repugs blocked a tremendous number of Clinton appointees . . .

I'm not sure exactly what happened, but I don't think Clinton ever got his

appointments made . . . ????

Anyone here know?

[johnaries]

24. Good news, but I don't trust "The Hill"

Please pardon me if I with-hold my celebrations until I hear it from a more reliable source.

[laughingliberal]

48. ...

SCOREBOARD: CAVS VS TRAIL BLAZERS
Judge rules that Congress' move to cut off funding to ACORN is unconstitutional
ADAM GOLDMANAssociated Press Writer

http://www.fox8.com/sns-ap-us-acorn-lawsuit,0,1254173.story


Historic Win for Constitutional Rights! Injunction Granted in CCR Lawsuit on Behalf of ACORN
[e-mail]
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.

http://ccrjustice.org/newsroom/press-releases/historic-win-constitutional-rights!-injunction-granted-ccr-lawsuit-behalf-ac

[lamp_shade]

25. Great news.

[TrollBuster9090]

26. This is pretty funny. Also a page from the old Republican playbook.

Yeah, the folks at FreeRepublic.com are already going ape shit, and I'm sure Nina Gershon's voicemail was full of death threats by 5pm.

http://www.freerepublic.com/focus/f-news/2405830/posts

But in reality this is a play from the old Republican playbook. Republicans used to ban all sorts of things to please their base, knowing full well that they would be overturned in court and deemed unconstitutional. Then they'd run on a re-election campaign of getting rid of "activist judges." Republican Congressmen are already releasing statements whining that this Judge is a Clinton appointee.

In fact, however, I think both the Congressional Republicans AND Democrats knew that this would be overturned as a bill of attainder. In fact, the Democrats probably crafted the amendment to MAKE SURE it would qualify as a bill of attainder. That way everybody gets what they want. In this odd case, BOTH parties knew it qualified as a bill of attainder, BOTH parties knew it would be overturned, and BOTH parties intend to blame it on the judge.

It's a rare moment of bi-partisanship!

[davidpdx]

33. Yeah the "activist judges" are going to be the Republican talking points on this one

Even seeing the title I could already hear it. Glad it is getting overturned though.

[JI7]

27. GOOD

hhahaa

[rasputin1952]

28. The Constitution on action...

For all of those who squeal about the basics in the Constitution...maybe they should read it before howling from the trees.

Article I, Section 9, paragraph 2: No Bill of Attainder or ex post facto Law shall be passed.

Seems pretty obvious to me.

[defendandprotect]

29. And I don't think ACORN gets anything directly from government . . .

isn't that true?

Isn't it indirect?

Yet, GE which began to defraud the government back in 1948 on defense contracts

-- and pharmaceutical companies which have all been ripping of government -- have

never been barred, nor penalized in doing business with government -- other than

fines.

There was also another decision last week that the people in the videos had done

nothing wrong --- I did read it closely and wonder if they got the original tapes??

[sam sarrha]

36. they lost their Census contract...

[defendandprotect]

39. Thanks --

Do they do a secondary job for the Census?

Because I thought the Census Bureau actually hired its own people as

canvassers?

Obviously, I don't know -- so thanks for the info!

[Mithreal]

31. Hooray, is this the final word?

[No Elephants]

96. Nope. The Roberts Court is the final word.

[AlbertDD]

35. Re:

this is really a harm to the government..

[sam sarrha]

37. why-how-links.... harm to a Fascist government, like the Reich Wingers want... the Videos were

cherry picked fragments of a blatant set up.

[rasputin1952]

43. It is not harm...

to the government that is the issue...it is harm from the government that makes this unConstitutional.

[laughingliberal]

49. Yes, we all know how upholding the Constitution is a harm to the government...

oh...wait...

[No Elephants]

97. Really? Why?

[Gman]

40. Republicans need ACORN like Bush needed Osama Bin Laden

the GOP and RW in general need a boogie man for their GOTV efforts.

Read the comments. It's a travesty that the constitution was written so that those people can vote too.

[mcablue]

45. Glenn Greenwald: "Major victory" for ACORN

Great piece by Greenwald praising the judge's decision: http://www.salon.com/news/opinion/glenn_greenwald/2009/12/12/acorn/index.html

[laughingliberal]

50. Great article! This part was pure gold:

<snip> The reasons the Founders barred such bills of attainder are perfectly highlighted by the ACORN case. During the reign of abusive Kings, it was a favorite instrument for enabling unpopular parties to be convicted, punished and deprived without benefit of a trial. Under the Constitution, parties aren't supposed to be found guilty of wrongdoing as a result of a Fox-News-led witch hunt joined by cowardly members of Congress. <snip>


http://www.salon.com/news/opinion/glenn_greenwald/2009/...

[vaberella]

51. That's what Grayson kept saying...over and over and over and over again. It's bill of attainder. nt

[Overseas]

66. Because our govt continues using private military contractors with actual fraud convictions.

As he pointed out when the anti-ACORN grandstanding bill was pushed in Congress.

The congressional legislation intended to defund ACORN, passed with broad bipartisan support, is written so broadly that it applies to "any organization" that has been charged with breaking federal or state election laws, lobbying disclosure laws, campaign finance laws or filing fraudulent paperwork with any federal or state agency. It also applies to any of the employees, contractors or other folks affiliated with a group charged with any of those things.

In other words, the bill could plausibly defund the entire military-industrial complex. Whoops.

Rep. Alan Grayson (D-Fla.) picked up on the legislative overreach and asked the Project on Government Oversight (POGO) to sift through its database to find which contractors might be caught in the ACORN net.

Lockheed Martin and Northrop Gumman both popped up quickly, with 20 fraud cases between them, and the longer list is a Who's Who of weapons manufacturers and defense contractors.

http://www.huffingtonpost.com/2009/09/22/whoops-anti-acorn-bill-ro_n_294949.html

[bitchkitty]

52. Good. n/t

[samsingh]

53. some sanity prevails

[shadowknows69]

55. Suck it Right Wingers.

[Crowman1979]

58. Added with his movie bombing at the box office, we have another FAIL for Glenn Beck!

:D

[earcandle]

61. Could it be, we are getting smarter and less tolerant of Bullshit?

[AlbertCat]

63. Could it be, we are getting smarter and less tolerant of Bullshit?

More like these Repug goons and their ilk are a tiny minority....even though they think they represent a majority and the MSM treats them like they actually are a majority.....and duped, in-the-bubble Senators and Congress critters believe the lie and act accordingly. But when reality strikes....the minority status become clear.

[mvd]

62. K&R

:kick:

Every time the Repukes mention Acorn, I'll mention the irregularities in the 2000 and 2004 campaigns that actually affected the outcome.

[That Is Quite Enough]

64. Excellent. The second phase of the operation is going just as expected.

Hail, Satan! Hail, NWO!

[No Elephants]

98. ....

What?

[That Is Quite Enough]

100. (Making fun of crazies who think ACORN is a secret police force)

The same people who think ACORN is some sort of Obama-worshipping paramilitary organization also think that Obama's the Antichrist, and is trying to establish a one-world totalitarian government that will force taxes and abortions and evil-ness onto the patriotic white Republican masses.

[ronnie624]

102. Your sarcasm made *me* chuckle.

But I'm kinda weird. :)

[mzmolly]

65. Good news!

:toast:

[winyanstaz]

67. Good news indeed....

proof we have at least one honest judge left in America today!

[Autonomy]

69. I can hear the hue and cry now: ACTIVIST JUDGE!!! (n/t)

[HughMoran]

70. Wow

We do still follow the law in this country.

[Uncle Joe]

73. Kicked and recommended.

Thanks for the thread, FourScore.

[Towlie]

74. Wikipedia has a great article on Bill of attainder. It fits the ACORN funding ban perfectly.

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

A bill of attainder (also known as an act or writ of attainder) is an act of the legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a trial.

...

The United States Constitution forbids both the federal and state governments to enact bills of attainder, in Article 1, Section 9 ("No bill of attainder…shall be passed.") and Section 10, ("No State shall…pass any Bill of Attainder") respectively.

In addition to the absurd comment by Rep. Darrell Issa (R-Calif.) referring to "this left-wing activist Judge", many of the comments below http://thehill.com/blogs/blog-briefing-room/news/71911-judge-stops-acorn-funding-ban">the article are nothing short of ridiculous and are actually painful to read, such as "What can we expect from another judge that seems that congress no longer has the right to make laws" and "ask to have ACORN permanently defunded ... Might as well ask before ACORN shreds the Constitution."

[BrklynLiberal]

76. YAY!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!

[saberjet22]

79. ACORN

Thank you, Judge Gershon, stupidity must be swatted down wherever it sticks up its ugly head.

[glinda]

82. Yeah and you won't see it in the media correcting their image will ya?

[No Elephants]

99. When the pimp story broke in LBN, at least a third of posters condemned ACORN,

whether as to the incident or in general, or both. Ditto when ACORN got de-funded.

Don't see many of them on this thread.