CCR Requests Entire Appeals Court Rehear ACORN Case, Lower Court Ruled Congress Violated the Constitution in Defunding
September 27, 2010, New York, NY – Today, the Center for Constitutional Rights (CCR), on behalf of the Association of Community Organizations for Reform Now (ACORN), asked the judges of the Second Circuit Court of Appeals to rehear arguments en banc in ACORN v. U.S.A. The case charges Congress with violating the Bill of Attainder provision in the U.S. Constitution, the right to due process, and the right to freedom of association by targeting ACORN, its affiliates, and associated groups for a complete federal funding cut-off. ACORN won the case in the lower court, including an injunction to stop Congress’ targeting; however, a three-judge panel struck down the ruling last month.
“We are requesting that Court rehear this case—which was already ruled in our client’s favor—in the hopes that relevant laws and judicial precedent will be applied in an en banc review,” said CCR Attorney Darius Charney. “Members of Congress violated the Constitution by finding an organization guilty of a crime and then punishing it and all of its affiliates and allies without the benefit of a trial. We hope the Court as a whole will do the right thing.”
ACORN v. USA sought to stop Congress from singling out an organization for punishment without proper investigation or due process. The plaintiffs are ACORN, the ACORN Institute, and the New York ACORN Housing Company. The suit was filed in federal court in the Eastern District of New York.
CCR Cooperating Attorney Jules Lobel is lead counsel in the case. Other counsel include CCR Legal Director Bill Quigley and CCR Staff Attorney Darius Charney; CCR Cooperating Attorneys Bill Goodman and Julie Hurwitz of Goodman & Hurwitz, Detroit, MI; and attorney Arthur Schwartz of New York.
The Center for Constitutional Rights works with communities under threat to fight for justice and liberation through litigation, advocacy, and strategic communications. Since 1966, the Center for Constitutional Rights has taken on oppressive systems of power, including structural racism, gender oppression, economic inequity, and governmental overreach. Learn more at ccrjustice.org.