An appeals court today upheld a decision by Congress to cancel funding for the controversial ACORN activist group last year in the wake of a secret-video scandal.
The federal Second Circuit Court of Appeals in Manhattan overturned a lower-court ruling that said the move violated the Constitution by punishing ACORN without a trial.
“Despite that evidence of punitive intent on the part of some members of Congress…there is no congressional finding of guilt in this case,” the three-judge panel ruled.
“Here, at most, there is the ‘smattering’ of legislators’ opinions regarding ACORN’s guilt of fraud.”
But the appeals court also sent the case back to Brooklyn federal Judge Nina Gershon to consider ACORN’s claims its free-speech and due-process rights were violated.
Congress cut off funding for ACORN last year after conservative activists used a hidden camera to record workers offering advice on how to set up a proposed prostitution business.
A Congressional report said the group had received $53 million in taxpayer money since 1994.
Today’s ruling, written by Judge Roger Miner, notes: “The withholding of funds may arguably constitute a punitive confiscation of property at some point, but the plaintiffs do not assert here that they have property rights to federal funds that have yet to be disbursed at the agency’s discretion.”
A spokesman for ACORN — whose CEO said the group was “on life support” in April — didn’t immediately return a request for comment.
The Center for Constitutional Rights, which argued on behalf of ACORN, said it was considering asking the entire appeals court to rehear the case.
“We cannot let Congress be pushed around by the right-wing media machine into becoming prosecutor, judge, jury and executioner of politically unpopular people or organizations,” CCR legal director Bill Quigley told The Associated Press.