There used to a be time when I would have said that this is beyond comprehension. Not anymore. Nothing surprises me now. This is the reason that the Supreme Court installation of Sonia Sotomayor was so important.
Clinton appointee U.S. District Judge Nina Gershon issued an insane ruling that opens the spigets once again for ACORN. This wack job concluded in her ruling that congress’ de-funding of ACORN amounted to what is known as a bill of attainder, which congress cannot do. Very simply, in the context of congress, a bill of attainder is doling out punishment to someone or something (in this case ACORN), without any criminal wrong doing actually having been proven. No law enforcement, including Attorney General Eric the coward Holder have conducted an investigation. Therefore, Gershon concluded that ACORN was illegally punished for the video melee’ and issued an injunction against the United States.
[…] The court’s ruling stated, “The plaintiffs have 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 administrative, process adjudicating guilt… The public will not suffer harm by allowing the plaintiffs to continue work on contracts duly awarded by federal agencies…” […]
Once again, our money flows to ACORN. If there is no investigation from a law enforcement angle, ACORN will once again be eligible for future monies as well. If you assume the this allegedly well educated judge is using logic and not ideology, then the argument can be easily torn apart.
First of all, the federal money that ACORN receives is a gift; they are not entitled to it. Congress has the authority to cancel contracts anytime it wants, as well as other government agencies. In fact, CIA chief Leon Panetta just canceled one with Blackwater the other day. No judge said a word about that. If you take Gershon’s logic, Blackwater would be able to sue and get an injunction against the CIA. Yes, it is ridiculous. If the CIA wants to can a contractor, they will. If congress wants to cut off federal funds recipients, they can. The fact that this nut case judge used the Constitution as the basis of her decision is ludicrous, given Washington’s adherence to the document since January.
If this is the kind of hardball the scum in Washington want to play, then that defunding can just be re-written to reflect an administrative change in policy. That should fix it. If it passed before, it, in theory, should pass again. In Theory 2010 can’t get here fast enough.