Nina Gershon

Appeals Court Upholds ACORN Funding Cutoff — For Now

ACORN evidenceWhatever guises the discredited Association of Community Organizations for Reform Now, or ACORN, assumes in the future, taxpayers now have less reason to worry about being conscripted into funding them. This past Friday, a Manhattan federal appeals court ruled that Congress last fall had acted within its authority in deleting funds for the radical nonprofit community network. In overturning a lower court, the Second Circuit Court of Appeals determined the appropriations cutoff had not punished ACORN without trial and thus was not in violation of the constitutional ban on bills of attainder. The decision was partial; the appeals court sent the case back to U.S. District Judge Nina Gershon to decide whether ACORN's free speech and due process rights also had been violated. Even on those grounds, the plaintiffs' case looks shaky.

Court Temporarily Restores Ban on ACORN Funding

ACORN scandalThe Association of Community Organizations for Reform Now, better known by the acronym ACORN, exists only in shell form, having formally disbanded on April 1. Yet whatever name(s) the radical nonprofit organizing network and its countless affiliates currently go under, the issue of its right to receive federal funds is anything but a dead letter. A court ruling several days ago ensures as much. On Wednesday, April 21, the U.S. Court of Appeals for the Second Circuit temporarily reinstated a congressional ban on further public funding of the scandal-ridden group. The three-judge panel in Manhattan effectively overturned a lower court order barring enforcement of the cutoff, concluding that full arguments must be heard first. And they will be this summer.

Justice Department Files Brief to Restore Ban on ACORN Funding

ACORN activistThe scandal-ridden Association of Community Organizations for Reform Now, or ACORN, needs money. And more than ever it's counting on the federal government to deliver it. A December 11 ruling by a federal judge in New York overturning a funding ban in the current budget may well reopen the floodgates. Ironically, it's the U.S. Department of Justice (DOJ) that stands in the way. On December 16, the department filed a memorandum opposing the New Orleans-based nationwide radical nonprofit "anti-poverty" network's claim that it had been unjustly singled out for a funding cutoff for Fiscal Year 2010. In other words, the government, for a change, was protecting taxpayer interests. Whether those interests prevail in court depends on interpretations of the Constitution's ban on bills of attainder and its protection of due process and freedom of association.

Federal Judge in N.Y. Protects ACORN Government Funding

ACORNRadicals long have used the judicial system as an effective last-ditch weapon to circumvent decisions by the legislative branch. This past Friday, one of their leading lights, the Association of Community Organizations for Reform Now, better known as ACORN, showed the advantages of having a sympathetic federal judge in one's corner. This past Friday, U.S. District Judge Nina Gershon of the Eastern District of New York, a Clinton appointee, issued a preliminary injunction against the recent congressional cutoff of funds for the New Orleans-based nonprofit network.

Syndicate content