- Feb 8, 2001
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As I have mentioned in several previous threads, an issue of Constitutional powers was raised when the U.S. Congress voted overwhelmingly to ban federal funding of ACORN and liberal activist District Court Judge Nina Gershon subsequently moved to reinstate ACORN's eligibility to receive taxpayer funding.
The overwhelming majority in Congress, in a fully bipartisan effort by both Democrats and Republicans, voted to defund ACORN. With only 75 progressive/liberals voting to continue ACORN's use of taxpayer monies versus 345 others voting to defund, the vote was not even close. All of the nays came from Democrats, of course, including, notably, Charles Rangel, now ex-Chairman of the Ways and Means Committee, and Henry Waxman, who heads the Energy and Commerce Committee.
While the progressives here jumped for joy and declared the case was won when Gershon rendered her opinion reversing the Defund ACORN Act (actually an amendment to the Student Aid and Fiscal Responsibility Act of 2009,) the fact was that the legal battle was only beginning.
The United States Court of Appeals for the Second Circuit has now moved expeditiously to stay, pending appeal, Gershon's district court order declaring Congress's move to defund ACORN unconstitutional under the Bill of Attainder Clause and along with permanently enjoining the Government from enforcing those acts.
Taxpayer funding of ACORN is now, again, not allowed pending the resolution of the applicable Constitutional issues related to Congressional powers. Both sides need to submit their arguments to the United States Court of Appeals by the end of May and oral arguments will commence shortly thereafter.
It's likely not over until the fat lady (U.S. Supreme Court) sings, but, for the moment, America can breathe a little sigh of relief that taxpayer monies are not going to enrich the coffers of a corrupt ACORN.
Oh, in case anyone, somehow, beyond all previous evidence to the contrary, still thinks ACORN is some kind of mainstream organization, check out ACORN CEO Bertha Lewis addressing the Winter Conference of the Young Democratic Socialists on March 25, 2010.
The overwhelming majority in Congress, in a fully bipartisan effort by both Democrats and Republicans, voted to defund ACORN. With only 75 progressive/liberals voting to continue ACORN's use of taxpayer monies versus 345 others voting to defund, the vote was not even close. All of the nays came from Democrats, of course, including, notably, Charles Rangel, now ex-Chairman of the Ways and Means Committee, and Henry Waxman, who heads the Energy and Commerce Committee.
While the progressives here jumped for joy and declared the case was won when Gershon rendered her opinion reversing the Defund ACORN Act (actually an amendment to the Student Aid and Fiscal Responsibility Act of 2009,) the fact was that the legal battle was only beginning.
The United States Court of Appeals for the Second Circuit has now moved expeditiously to stay, pending appeal, Gershon's district court order declaring Congress's move to defund ACORN unconstitutional under the Bill of Attainder Clause and along with permanently enjoining the Government from enforcing those acts.
Taxpayer funding of ACORN is now, again, not allowed pending the resolution of the applicable Constitutional issues related to Congressional powers. Both sides need to submit their arguments to the United States Court of Appeals by the end of May and oral arguments will commence shortly thereafter.
It's likely not over until the fat lady (U.S. Supreme Court) sings, but, for the moment, America can breathe a little sigh of relief that taxpayer monies are not going to enrich the coffers of a corrupt ACORN.
Oh, in case anyone, somehow, beyond all previous evidence to the contrary, still thinks ACORN is some kind of mainstream organization, check out ACORN CEO Bertha Lewis addressing the Winter Conference of the Young Democratic Socialists on March 25, 2010.
U.S. Congress - House Committee on Oversight and Government Reform
Issa Applauds Appeals Court Decision to Temporarily Reinstate ACORN Funding Ban
Wednesday, 21 April 2010
U.S. Court of Appeals Suspends Ruling that Congressional Funding Ban on ACORN was Unconstitutional
WASHINGTON D.C. – Today, U.S. Rep. Darrell Issa (R-CA) Ranking Member of the Committee on Oversight and Government Reform and Judiciary Committee Member released the following statement on the U.S. Court of Appeals Second Circuit decision to stay the December 2009 injunction by Clinton-appointed Judge Nina Gershon that the Congressional funding ban on the Association of Community Organizers for Reform Now (ACORN) was unconstitutional. As a result, as the U.S. Court of Appeals further reviews the case, the Congressional funding ban will go back into effect, and ACORN will not receive taxpayer dollars.
“I applaud the Court of Appeals for immediately addressing the effects of Judge Gershon’s attempt to legislate from the bench. Today’s action immediately restores the congressionally mandated ban on funding ACORN and its affiliates as a result of their criminal conduct and wasting of taxpayer dollars. Congress has the constitutional right to deny an organization the benefit of taxpayer dollars.
“With today’s action by the Appeals Court, the Obama Administration must take immediate steps to re-implement the funding ban for ACORN Congress put in to law. In recent months, ACORN has undergone a rebranding campaign to disguise itself and its affiliates. As a result, the White House and all federal agencies must be extremely vigilant to ensure that rebranded organizations who have continued to make deals and maintain connections to ACORN don’t receive taxpayer dollars.”
Click here for a copy of the Appeals Court Decision to Stay Judge Gershon’s injunction on implementing the Federal funding ban on ACORN.
Click here to read the April 2010 report entitled “ACORN Political Machine Tries to Reinvent Itself.”
Click here to read the February 2010 report entitled “Follow the Money: ACORN, SEIU and their Political Allies.”
Click here to read the July 2009 report entitled “Is ACORN Intentionally Structured As a Criminal Enterprise?”
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