This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Nina Gershon enjoined enforcement of a recent congressional resolution prohibiting continued funding of ACORN. Judge Jack B. Weinstein, while denying a suppression motion, raised questions about the practice of not giving Miranda warnings in a secondary inspection area during a border crossing inquiry. Judge Arthur D. Spatt reduced a sentence in light of a later amendment to the sentencing guidelines applicable to crack cocaine offenses. And Judge Eric N. Vitaliano dismissed a religious organization’s challenge to the taking of its property for a parking garage.
Bill of Attainder
In ACORN v. United States, 09 CV 4888 (EDNY, Dec. 11, 2009), Judge Gershon granted plaintiffs’ motion for a preliminary injunction and enjoined defendants from enforcing Section 163 of Division B—Continuing Appropriations Resolution as an unconstitutional bill of attainder passed by Congress.
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