Lawsuit fights Congressional attack on ACORN

On Nov. 12, the Center for Constitutional Rights brought a lawsuit against the U.S. government on behalf of the Association of Community Organizations for Reform Now. CCR charged Congress with violating the U.S. Constitution when it recently voted to strip ACORN, its affiliates and allies of funding.

While the case seeks to bring immediate injunctive relief to stop the defunding of ACORN, it also aims to push back the tide of right-wing attacks on progressive non-profit organizations.

CCR hopes to educate activists and organizations about their rights under the law, particularly the constitutional prohibition against “Bills of Attainder,” which bars Congress from singling out an individual or group for punishment without an investigation and trial.

ACORN has more than 500,000 members in 75 cities throughout the United States. The nonprofit group has organized on behalf of local minimum-wage raises and tenant and housing rights, and provided tax aid and job training to low-income neighborhoods.

The group also does extensive voter registration among poor and oppressed communities, including registering some 2 million new voters before last year’s election–which raised the ire of far-right groups opposed to the election of President Barack Obama.

In September, right-wing activists posing as potential clients used a hidden video camera to entrap ACORN employees into making false statements, based on the phony clients presenting themselves as sex workers.

The tactic of right-wing “stings” is well known in the field of women’s reproductive rights. Planned Parenthood and other reproductive services providers have reported similar attempts by anti-abortion forces, posing as “under-aged” in order to trick well-meaning workers into violating restrictive state, local and federal laws.

FOX News and other right-wing media outlets then took up the cudgel against ACORN. Several members of Congress accused ACORN of being a “criminal enterprise.”

Congress subsequently approved language singling out ACORN in a temporary budget for all government programs. It bans the group and any allied or affiliated organizations from receiving federal grants or funds and from participating in any federal programs.

Many ACORN programs were abruptly discontinued. State governments are now moving to defund the group as well.

“It is outrageous to see Congress violating the Constitution for purposes of political grandstanding,” said CCR Legal Director Bill Quigley. “All the crimes and infractions committed by banks, pharmaceutical companies and private government contractors have been rewarded with bailouts, tax credits and billions of dollars in new contracts.

“Congress bowed to FOX News and joined in the scapegoating of an organization that helps average people going through hard times to get homes, pay their taxes and vote.”

For more information on the case and background on Bill of Attainder, visit www.ccrjustice.org/acorn-v-usa.