"A judge in New York ordered that ACORN’s federal funding be restored, rolling back a slew of Congressional actions that sought to stop taxpayer money from flowing to the community group on the heels of a fall full of embarrassments for it. Nina Gershon, a district judge in New York, issued a preliminary injunction directing the department of Housing and Urban Development, the Office of Management and Budget and the Treasury department to disregard a bill signed into law by President Obama that prohibited federal funding of the Association of Community Organizations for Reform Now. '
“The question here is only whether the Constitution allows Congress to declare that a single, named organization is barred from all federal funding in the absence of a trial,” Gershon wrote in her opinion.
“Because it does not, and because the plaintiffs have shown the likelihood of irreparable harm in the absence of an injunction, I grant the plaintiffs’ motion for a preliminary injunction.” Gershon said that “none of the government’s justifications stand up to scrutiny” and that “no non-punitive rational” is obvious. ACORN was the subject of bipartisan disdain in September, after undercover videos were released that seemed to show the organization’s employees offering advice on how to break the law. Republicans and Democrats voted to stop federal funding of the group – a measure signed into law by the president on the back of an appropriations bill."Gershon is another Clinton appointee - no surprise here.
The ruling itself is fundamentally flawed, and is only acting as a stop-gap until a appeal likely reverses it. Congress has both the authority and the duty to stop the funding of corrupt organizations and ACORN's actions over the last several years more than justify the withdraw of taxpayer monies.
Gershon has issued other activist rulings such as In 1999, Gershon ruled that New York City mayor Rudolph Giuliani could not cut the Brooklyn Museum of Art's funding after it mounted an exhibit entitled "Sensation". In 2000, Gershon ruled that New York's century-old kosher food laws violated the First Amendment.