ASSOC. OF COMMUNITY ORG. FOR REFORM NOW v. U.S.

No. 09-CV-4888 (NG).

692 F.Supp.2d 260 (2010)

ASSOCIATION OF COMMUNITY OGANIZATIONS FOR REFORM NOW; Acorn Institute, Inc.; and Mhany Management, Inc., f/k/a New York Acorn Housing Company, Inc., Plaintiffs, v. UNITED STATES of America; Shaun Donovan, Secretary of the Department of Housing and Urban Development; Peter Orszag, Director, Office of Management and Budget; Timothy Geithner, Secretary of the Department of Treasury of the United States; Lisa P. Jackson, Administrator of the Environmental Protection Agency; Gary Locke, Secretary of Commerce; and Robert Gates, Secretary of Defense, Defendants.

United States District Court, E.D. New York.

March 10, 2010.


Attorney(s) appearing for the Case

Jules Lobel, Darius Charney, William Quigley, Josh Rosenthal, Center for Constitutional Rights, New York, NY, William Goodman, Julie H. Hurwitz, Goodman & Hurwitz, Detroit, MI, Arthur Z. Schwartz, Schwartz, Lichten & Bright, New York, NY, for Plaintiffs.

Peter D. Leary, Bradley H. Cohen, U.S. Dept of Justice, Washington, DC, F. Franklin Amanat, United States Attorneys Office, Brooklyn, NY, for Defendants.


OPINION AND ORDER

GERSHON, District Judge:

Plaintiffs, the Association of Community Organizations for Reform Now, Inc. ("ACORN"), and two of its affiliates, challenge as an unconstitutional bill of attainder a group of appropriations provisions enacted by Congress that bar plaintiffs from receiving federal funding. On December 11, 2009, a preliminary injunction against the enforcement of Continuing Resolution 163, the only provision then at issue...

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