United States Second Circuit

In an action challenging provisions in several federal appropriations laws barring the distribution of federal funds to ACORN and its affiliates, subsidiaries, and allied organizations, a preliminary injunction in favor of plaintiffs is affirmed in part where, in light of the Office of Management and Budget's (OMB) actual and continuing responsibility to oversee the management of the budgets of Executive Branch agencies, and its consequent impact on the plaintiffs' reputation, plaintiffs showed sufficient injury to bring suit against the Director of the OMB. However, the injunction is vacated in part where: 1) plaintiffs failed to show that the appropriations laws constituted "punishment" under the functional test for a bill of attainder; and 2) the legislative record sufficient to demonstrate "punishment" cumulatively with the historical and functional tests of punishment.

Appellate Information

• Decided 08/13/2010
• Published 08/13/2010

Judges

• Roger Miner

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jules Lobel, Mark B. Stern