The Department of Justice has appealed the ruling of a district court judge who first granted ACORN a preliminary injunction and now has entered a permanent injunction preventing Congress from cutting off funds to that organization which has amassed a nationwide record of lawbreaking.  It has sought a stay pending appeal.The Department argues that Congress' determination to cut off funds does not rise to the level of "punishment" and the Bill of Attainder prohibition against punishment without trial is inapplicable to Congress' action against ACORN.Next it argues the government will suffer irreparable injury if an Act of Congress is enjoined by a single district court judge when such Acts of the legislature are entitled to a presumption of constitutionality. The Government also argues that the injury will interfere with Congress' ability to "effectively administer programs".The Government notes that unless the appeals court stays the injunction the...(Read Full Post)