Leftist Judge orders ACORN funding restored

NewsReel (FrontPageNews) ^ | 3/11/2009 | Matthew Vadum

[Prospero]

Matthew Vadum NewsReal

If you thought you sent representatives and senators to Washington, D.C., to exercise the constitutionally mandated power of the purse — you’re wrong.

Silly you. You wasted all that time in civics class learning a whole bunch of outdated claptrap about separation of powers and the lawmaking process for nothing.

The spending power belongs to federal judges now, regardless of what that quaint little document called the U.S. Constitution says.

That’s what ACORN’s favorite federal judge, Nina Gershon of the Eastern District of New York ruled Wednesday.

In December Gershon, a Bill Clinton appointee, helped ACORN out by offering the Obama administration political cover by issuing a temporary injunction prohibiting Congress from cutting off funding for ACORN. She found that depriving ACORN of taxpayer dollars was an unconstitutional “bill of attainder” that singled out ACORN for punishment without trial. It’s a nonsensical argument unless you believe that cutting off funding –funding that no one has a right to– for an organized crime syndicate is somehow a punishment.

To give credit where it’s due, the Obama administration did the right thing and appealed the December ruling.

Now Nutty Nina’s made the ruling permanent and it’s not yet clear if the administration will appeal this latest ruling. (Here is the permanent injunction and the opinion and order she issued.)

Gershon showed a similar contempt for the legislative branch previously. In 1999 she ruled then-New York mayor Rudy Giuliani had no right to cut off city funding of the Brooklyn Museum of Art when it displayed dead animals and a painting of the Virgin Mary decorated with elephant dung. Gershon’s not exactly courageous, by the way. She managed to get out of taking accused Al Qaeda terrorist Najibullah Zazi’s case when a courthouse computer randomly assigned it to her.

If this ruling remains undisturbed it will mean every parasitic leftist group in the country will have due process rights in the appropriations process. Congress will not be able to cut any group off for any reason. The rights of tax eaters will become paramount to the rights of taxpayers.

The ruling should be music to the ears of Rep. Jerrold Nadler (D-NY), a huge fan of ACORN who has given thousands of dollars over the years to the ACORN network. The thoroughly corrupt Nadler urged ACORN’s lawyer to sue the government, arguing that a ban on funding constituted a “bill of attainder.” Within weeks, ACORN took his advice.

The ruling could also appears to mean that ACORN and other leftist activist groups are eligible for up to $3.99 billion in federal funding included in President Obama’s $3.83 trillion fiscal 2011 budget blueprint.

The $3.99 billion comes from a congressional slush fund known as the Community Development Block Grant (CDBG) program, which is part of the Department of Housing and Urban Development’s (HUD) $48.5 billion fiscal 2011 budget. CDBG grants, which are awarded to states and localities, flow indirectly to ACORN and similar groups that compete at the state and local level for grants.

[stephenjohnbanker]

By the way, Robert Reich went on tv for over 2 years, claiming to be a “professor” at Harvard. Harvard sent him a “cease & desist” letter, promising to fire him if he stated this again.

[John O]

I thought Nina Gershon was a bimbo Clinton was boinking, not an old hag he put on the court.

She is an old hag he put on the court BECAUSE she was a bimbo he was boinking

[ding_dong_daddy_from_dumas]

OK, point taken. Kind of like the guy on Seinfeld who insisted on being called “maestro” because he conducted the Policemen’s Benevolent Association Orchestra.

Still, shocking that he was president of harvard law review and teaching constitutional law.

[ConservativeMind]

This is a better link:

http://www.newsrealblog.com/2010/03/11/renegade-leftist-judge-permanently-restores-acorns-taxpayer-funding/#more-40394

Your link merely brings up a rolling page of articles, sure to miss this article shortly.

[stephenjohnbanker]

v The Harvard Law Review was handed to him due to heavy political unrest on campus vis a vis black professorships. Right place, right time. Obama wins the lottery!

[WOBBLY BOB]

She looks like Gilbert Gottfried.

[The Pack Knight]

According to her reasoning, apparently, it isn’t possible. I didn’t read her opinion, but if she’s saying that cutting off funding to a specific group is a bill of attainder, then there is no crime or act one can commit. Congress cannot pass any bill of attainder for any crime - Article I, Sec. 9 provides for no exceptions.

If Congress was trying to take back money that was already given to ACORN or to increase taxes on ACORN specifically, which is what they were trying to do to the AIG executives, I would actually agree with her. If the government wants to take anyone’s money because they committed a crime or breached a contract, then that’s what the courts are for.

However, Congress did nothing of the sort here. They cut off ACORN from money which hadn’t even been appropriated yet, which ACORN has absolutely no property interest in. The idea that this is a bill of attainder is absurd. Whether someone ought to receive federal money is not a justiciable issue for the courts.

[UCANSEE2]

What exactly do you have to do to get cut off from federal funding? What egregious crime must one commit, what heinous act?

Be a Republican, a Conservative, or support either of those causes.

[Thunder90]

Pelosi’s and Obama’s slip out, as planned.

You have to know that Pelosi and Reid told the Dims that this was going to happen when they voted to strip ACORN of its funding, thus allowing very strong ACORN supporters to vote for it.

[Tzimisce]

Pay your taxes.

The people over at ACORN working against everything you believe in sure need the money. :)

[GeronL]

I do not see how a judge has that power

[NormsRevenge]

Gershon, Nina

Born 1940 in Chicago, IL

Federal Judicial Service:
Judge, U. S. District Court, Eastern District of New York
Nominated by William J. Clinton on October 18, 1995, to a seat vacated by Leonard D. Wexler; Confirmed by the Senate on July 30, 1996, and received commission on August 1, 1996. Assumed senior status on October 16, 2008.

U.S. Magistrate, U.S. District Court for the Southern District of New York, 1976-1996

Education:
Cornell University, B.A., 1962
Yale Law School, LL.B., 1965

Professional Career:
Staff attorney, Appellate Division of the Supreme Court of the State of New York, Mental Health Information Service, 1966-1968
Assistant corporation counsel, Appeals Division, New York City Law Department, 1968-1969; 1970-1972
Professor of law and political science, University of California, San Diego, 1969-1970
Attorney, New York City Law Department, 1972-1976
Chief, Federal Appeals Division, 1972-1975
Chief, Consumer Protection Division, 1975-1976
Adjunct professor of law, Cardozo School of Law, 1986-1988

Race or Ethnicity: White

Gender: Female

[NormsRevenge]

There will be Hell to pay..

[worst-case scenario]

The problem here is that Congress passed a law specifically to affect ACORN, and named it as such. That is where the problem is. If they could find a category to defund in general, and ACORN were in that category, they could Constitutionally enact that into law.

Or id ACORN has been found guilty of ANYTHING in a court of law, then they could defund it.

But you cannot cut off an organization from an opportunity that you are giving to anyone else just because you do not like THEM. That is what was judged unconstitutional.

[dajeeps]

I guess this judge never read the 10th amendment. We need something like the Judicial Reform Act of 1802 to clean this mess up.

[americanophile]

Totally agreed.

[3722535r]

I wasn’t aware that Acorn had disbanded.....I’m sure the QUALITY EMPLOYEES will figure out some way to keep the money flowing under the countless sur-names that still are more or less Acorn related.....Americans losing jobs and homes and billions of our dollars re-distributed to corrupt entities .....But you don’t pay your taxes and your money is frozen or you go to jail......SPEECHLESS....FRUSTRATING....

[stephenjohnbanker]

“I wasn’t aware that Acorn had disbanded..”

Just under a new name. The name was posted here a few days ago, but I can’t recall it.

[stephenjohnbanker]

Here it is!

“The con goes like this: ACORN is trying to pass off various state chapters as supposedly new groups independent of ACORN. In this rebranding exercise state chapters are declaring that they have separated from the national ACORN group and reestablishing themselves as independent nonprofit entities.

At least four dummy nonprofit corporations have emerged from the rebranding process in recent months.

They are the Alliance of Californians for Community Empowerment, New York Communities for Change, New England United for Justice (Massachusetts) and Arkansas Community Organizations. All four groups operate out of ACORN offices and are run by ACORN staffers. The president of New England United for Justice, Maude Hurd, just happens to be the 20-year national president of ACORN.

[3722535r]

“At least four dummy nonprofit corporations have emerged from the rebranding process in recent months”

There you go.....It’s like being tied down in a corner and helplessly watching your family being destroyed.....