Two congressmen called on the Justice Department Monday to appeal a recent decision in federal district court that found the governments move to cut off funding to ACORN was unconstitutional.
Two congressmen called on the Justice Department Monday to appeal a recent decision in federal district court that found the governments move to cut off funding to ACORN was unconstitutional.
In a letter to Attorney General Eric Holder U.S. Reps. Lamar Smith R-Texas and Darrell Issa R-Calif. described the Dec. 11 decision by Judge Nina Gershon as preposterous.
The district courts 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 reads. Such a conclusion is nothing short of preposterous.
Gershon who issued a preliminary injunction against the government ruled it was in the public interest for ACORN to continue receiving federal funding.
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 Gershon said in her ruling.
In its lawsuit ACORN or the Association of Community Organizations for Reform Now claimed Congress decision to ban funding to the group was unconstitutional because it targeted an individual organization.
The law that stopped ACORNs federal funding had been set to expire or be extended for a second time on Dec. 18.
Gershons ruling meanwhile was the result of left-wing activist judge said Issa adding that ACORN is not fit to receive federal funds.
This left-wing activist judge is setting a dangerous precedent that left-wing political organizations plagued by criminal accusations have a constitutional entitlement to taxpayer dollars Issa said in a statement released Monday.
Justice Department spokeswoman Beverley Lumpkin told The Associated Press the agency was reviewing Gershons decision and declined to comment further.
In a statement ACORN CEO Bertha Lewis said the ruling was a victory for the constitutional rights of all Americans.
