Judge Decrees ACORN Funding Cut-off Unconstitutional, Conservatives Outraged
December 18, 2009 by Special To Personal Liberty
A federal judge has ruled that the U.S. government’s decision to cut off funding to the Association of Community Organizations for Reform Now (ACORN) was unconstitutional.
U.S. District Judge Nina Gershon issued a preliminary injunction against the government, saying that it is in the public’s best interest to continue to fund the controversial and embattled anti-poverty group, according to the Associated Press (AP).
In its lawsuit, ACORN claimed that Congress’ decision to cut off its funding was unconstitutional because it targeted an individual organization without due process.
Gershon agreed, stating in her ruling that ACORN raised a "fundamental issue of separation of powers."
"They 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 adjudicating guilt," said Gershon.
Meanwhile, two congressmen have called on the Justice Department to appeal the decision, calling it "nothing short of preposterous," according to Fox News.
Representatives Lamar Smith (R-Texas) and Darrell Issa (R-Calif.) wrote a letter to Attorney General Eric Holder explaining how the ruling would set a dangerous precedent.
"The district court’s decision is troubling in many respects, but most significantly, if allowed to stand, it would effectively excise from the Constitution Congress’ express Spending Clause power to refuse to appropriate federal funds to an organization that has shown itself likely to misuse those funds in the future," the letter states.