ACORN is continuing its approach of “the best defense is a good offense.” The group has not only sued the filmmakers who recently disclosed misconduct by the organization, but it is now suing Congress for its ban on federal funding to the organization, alleging a bill of attainder in singling out the non-profit.
I was counsel in the last successful major bill of attainder case in Foretich v. United States, where Congress stripped Dr. Eric Foretich of his parental rights in favor of his well-connected ex-wife Elizabeth Morgan. Here is that opinion: foreitchus121603opn
ACORN has a plausible claim in this legislation. What is surprising is that Congress not only did not wait for a court adjudication of the many allegations of misconduct by the organization but did not take the trouble to create a detailed legislative finding of such misconduct. It is hard to argue that a ban on federal funding is not a form of punishment. I think that this is a strong claim for ACORN.
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