District Court Preliminarily Enjoins ACORN Defunding Law as a Bill of Attainder

[JohnWxy]

http://volokh.com/2009/12/11/district-court-preliminarily-enjoins-acorn-defunding-law-as-a-bill-of-attainder/

Dec 11, 2009.

The decision came today in Acorn v. United States. I haven’t read the opinion yet, but it looks pretty detailed. Here’s my summary of the general legal framework, from this September 15 post:


1. The Constitutions bans both the federal and state legislatures from enacting “bills of attainder.”

2. This is understood as barring “a legislative act which inflicts punishment without a judicial trial.” (“If the punishment be less than death, the act termed a bill of pains and penalties,” but “ithin the meaning of the Constitution, bills of attainder include bills of pains and penalties.”) So if Congress says, “We conclude that Eugene Volokh is guilty of treason, and we order him to be executed,” that would be a classic bill of attainder.
(more)

Court Decision for Plaintiff (ACORN)

http://lawprofessors.typepad.com/files/judge-gershon-12-11-2009-pi-order.pdf#page=20&view=FitH,600

[clear eye]

1. Good news! n/t

[ck4829]

2. Kick