News In Brief

A congressional ban on funding for the embattled activist group ACORN will remain in place until the government’s appeal of a ruling striking the withholding of funds as a bill of attainder is decided, a unanimous panel of the U.S. Court of Appeals for the Second Circuit decided yesterday. The panel of Judges Roger J. Miner, Jose A. Cabranes and Richard C. Wesley also expedited the appeal in ACORN v. United States, 09-5172-cv, directing that it be scheduled shortly after the last brief is filed on May 24.

Mark Stern of the U.S. Department of Justice had argued Tuesday for the stay, claiming Congress had the right to instruct federal agencies to withhold funding amid “indisputable reports of ACORN mismanagement nationwide.” Opposing the stay for ACORN, Jules Lobel of the Center for Constitutional Rights said Congress’ move to target one organization for punishment clearly met the standard for a bill of attainder, which the U.S. Supreme Court found to have been enacted only five times in U.S. history (NYLJ, April 21). — Daniel Wise

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