A Slap at a Judge’s Nutty ACORN Ruling

Hans von Spakovsky /


Good news on the efforts to defund ACORN: On Friday, a three-judge panel of the Second Circuit Court of Appeals threw out the injunction against the federal funding ban that had been granted by a federal district judge in New York, Clinton nominee Nina Gershon.

Last fall, the ultra-radical Center for Constitutional Rights brought suit on behalf of ACORN, claiming the provisions in several federal appropriations laws barring distribution of U.S. taxpayers’ money to ACORN were unconstitutional “bills of attainder.” As I wrote at the time, Judge Gershon’s opinion would have been laughable if there were not such serious issues at stake.

Judge Gershon’s opinion showed a completely flawed understanding of the Constitution. It improperly substituted her judgment for that of Congress on the appropriateness of a funding ban– the most obvious sign of an activist liberal judge. (more…)