Skip to comments.Judge stops ACORN funding ban
Posted on 12/11/2009 4:46:19 PM PST by Sub-Driver
Judge stops ACORN funding ban By Eric Zimmermann - 12/11/09 06:21 PM ET
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."
The decision noted that the ban had already prevented ACORN from receiving payment from contracts awarded before the ban took effect.
"The public will not suffer harm by allowing the plaintiffs to continue work on contracts duly awarded by federal agencies, which was stopped solely by reason of [the ban]," Gershon wrote.
In defending the ban, the Obama administration argued it interpreted the bill narrowly enough to allow payment of existing contracts. But Gershon found the legislation too broad.
Rep. Darrell Issa (R-Calif.), ranking member of the House Oversight and Government Reform Committee, issued a statement criticizing Gershon's decision and noting that she was appointed by Bill Clinton.
"This left-wing activist Judge is setting a dangerous precedent that left-wing political organizations plagued by criminal accusations have a constitutional entitlement to taxpayer dollars," Issa said. "The Obama Administration should immediately move to appeal this injunction.
Entitlements are now a Constitutional Right.
How in the world can a federal judge override Congress?
Where does this commie pig get her authority to say how tax dollars are to be used? This biatch is out of line. She’s only a judge. Someone needs to remind her of that.
Red Diaper Judges.
ACRIME voter fraud is too big an asset to the DNC.
Pray for America and Our Troops
It appears that we have every indication Nina Gershon is a f***ing idiot.
As 2nd amendment rights are dissolved.
No, Eric Holder should be.
Just an example of the communists growing in America. Any doubt? Huge group of corrupt judges, we are rapidly being boxed in. Wait until the Supreme Court gets in action.
We shall see.
Where in the Constitution is that??
FReep mail me if you want on/off the list.
So now we have the Judicial beach of government usurping Congress’s authority by one judge’s decision while the executive branch usurps Congress’s authority by the EPA arbitrarily ruling green house gasses are a threat. It’s more proof the socialists are attempting to snuff out the branch of government through which the people have the most influence. All the more reason to fight the socialist takeover!!!
A liberal judge. I am so shocked.
Wait til obama gets to appoint two more justices. Yikes!
beach=branch in post #14
She reigns from Chicago. Obama and Rahmie put a phone call in.
Waitaminnit, if Bummer is on board this ban (it looks like he is) then he simply has to implement it from the executive side. Un-name ACORN from all contracts.
Obama will some how stop this from going to SCOTUS.
I gotta ask:
Is this judge corrupt? Do we know anything about this judge?
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.” 
My time of life...work/taxes...is deemed mandatory to contribute to an(other) anti-individual collective?
When, in the course of human events,...
Judge and expect to be judged, judge.
LOL yeah right he placed the phone calls to have this judge from Chicago hear this case. Like he is going to cut off funding to his only way to steal another election.
Remember this radical thug man filed lawsuits to ensure HIS was the only name on the ballot when he first started poltics.
See post # 18
At some point other options will come into play.
Keep sending in those tax dollars like good little boys and girls. ACORN depends on them ya know.
If such calls can actually be tracked down this would be explosive. He can’t treat the whole USA like it was Chicago.
Anyhow it would be a shrewd public relations move on Bummer’s part to implement the ban from his end. ACORN would simply come back as one of the hundreds of other aliases it keeps.
“Gershon said ACORN had demonstrated “irreperable harm” from the ban, while “the potential harm to the government, in granting the injunction, is less.” “
Judicial EFFING activism!!!! IT’S THE EFFING PEOPLE’S MONEY!!!!!
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.
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." 
In 2000, Gershon ruled that New York's century-old kosher food laws violated the First Amendment.  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.  On January 8, 2007, Gershon sentenced Siraj to 30 years imprisonment for his role in the plot. 
The word “attainder”, meaning “taintedness”, is part of English common law. Under English law, a criminal condemned for a serious crime, whether treason or felony (but not misdemeanor, which referred to less serious crimes), could be declared “attainted”, meaning that his civil rights were nullified: he could no longer own property or pass property to his family by will or testament
Stupid is she.
She’s now aiding and abetting a criminal enterprise.
Lawyers run this country...always have, always will.
Kelo lets government take your home and sell it to a business which offers to pay more in taxes.
Democrats today passed a bill allowing the government to seize businesses it thinks needs seizing.
This judge tells us we do not have a right to cut taxpayer funding to ACORN.
Not much left to take away.
Can Congress or somebody just revoke/cancel the damned contracts?
I’m wondering which will be the flashpoint for the coming revolution. Will it be an incredibly stupid judicial decision? Another power grab by 0bama? Passage (against the people’s explicit wishes) of the 0bamacare?
I can sense everything coming to a head soon. Something is going to kick this off.
ACORN is a criminal organization and should be prosecuted under the RICO statute.
Classic old line NYC liberal mugshot.
That’s what I figured she would look like. There has to be a link between Ogabe and this leftist SKANK. I really don’t think the Chicago machine is trying to hide anything anymore. They both need impeaching.
clinton legacy lives on.
Federal Judges are dictators. They can tax citizens at will if they can find some cover. Our government is so corrupt. The liberal tyrants intend to impose their will upon us by subterfuge and force of arms. GERRRR, I could spit nails.
Yep. That's why we have co-equal branches and checks and balances. Or, we're supposed to anyhow.
Definitely should be impeached. The poster child against appointing federal judges for life . . . this old bag will be 70 next year.
She needs to get the hell out
How in the world can a federal judge override Congress?
By breaching the firewalls of the separation of powers.