Last Friday, U.S. district judge Nina Gershon granted a preliminary injunction that orders the United States not to enforce a recently enacted provision of law (“Section 163”) that restricts funding of ACORN. Specifically, Judge Gershon ruled that Section 163 is “unconstitutional under the Bill of Attainder Clause.”
via Bench Memos on National Review Online.
Bad decision, but a meaningless one since the Obama Administration has been funding ACORN anyway under an administrative decision stating that Section 163 only covers funding decisions made after the law was adapted and is not retroactive.
Absurd, but the Senate is not likely to protest, since the committee (Subcommittee on the Constitution, Civil Rights, and Civil Liberties) that would do so is run by Rep. Nadler1 (D-N.Y.) who is a huge supporter of ACORN.
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