We need checks on the government’s power -- we needed them when the country was founded, and we need them now -- because the government can and frequently does get it wrong. And, when the government mistakenly marshals its resources against an individual, it can cause great harm. That’s why we have a Bill of Rights and why, in particular, we generally require the government to comply with due process before depriving a person of his or her liberty or property.
So it’s no surprise that a federal judge recently ruled with the ACLU of Southern California and against the Orange County District Attorney’s lawless attempt to enforce an anti-gang injunction against individuals who had not been provided the opportunity to prove that the government got it wrong in labeling them gang members. The L.A. Times agreed with us, as well, in its May 29th editorial on the topic:
May 29, 2011
Earlier this month, a federal judge put the brakes on Orange County Dist. Atty. Tony Rackauckas' reckless attempt to enforce an anti-gang injunction against dozens of men and women who never had the opportunity to challenge his designation of them as gang members.