Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

District Court Preliminarily Enjoins ACORN Defunding Law as a Bill of Attainder

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Editorials & Other Articles Donate to DU
 
JohnWxy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-23-09 05:45 PM
Original message
District Court Preliminarily Enjoins ACORN Defunding Law as a Bill of Attainder
http://volokh.com/2009/12/11/district-court-preliminarily-enjoins-acorn-defunding-law-as-a-bill-of-attainder/

Dec 11, 2009.

The decision came today in Acorn v. United States. I haven’t read the opinion yet, but it looks pretty detailed. Here’s my summary of the general legal framework, from this September 15 post:


1. The Constitutions bans both the federal and state legislatures from enacting “bills of attainder.”

2. This is understood as barring “a legislative act which inflicts punishment without a judicial trial.” (“If the punishment be less than death, the act termed a bill of pains and penalties,” but “ithin the meaning of the Constitution, bills of attainder include bills of pains and penalties.”) So if Congress says, “We conclude that Eugene Volokh is guilty of treason, and we order him to be executed,” that would be a classic bill of attainder.
(more)

Court Decision for Plaintiff (ACORN)

http://lawprofessors.typepad.com/files/judge-gershon-12-11-2009-pi-order.pdf#page=20&view=FitH,600
Printer Friendly | Permalink |  | Top
clear eye Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-23-09 05:49 PM
Response to Original message
1. Good news! n/t
Printer Friendly | Permalink |  | Top
 
ck4829 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-26-09 02:40 PM
Response to Original message
2. Kick
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Thu Apr 25th 2024, 06:15 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Editorials & Other Articles Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC