Inmates eligible for stimulus checks

[jayem]

"On October 14, a district court for the Northern District of California granted summary judgment in Scholl v Mncuhin, a case that challenged the IRS’s policy of excluding inmates from receiving $1,200 stimulus checks. The court also made permanent the preliminary injunction it had issued earlier this month, which means that the IRS and Treasury Department cannot withhold stimulus checks solely based on an individual’s incarceration status. The government could still appeal the court’s ruling again (it was denied by the 9th Circuit), but the permanent injunction should be cause for celebration for the over two million incarcerated individuals in the U.S. who may now be eligible for an economic impact payment..."

Apparently, when the CARES Act was written, there was no language excluding incarcerated offenders from receiving stimulus money, or authorizing the IRS to withhold such funds. So the IRS's policy not to issue checks to inmates was ruled arbitrary and capricious. This would seem to be a strict, textualist interpretation of the law. Which is what conservatives support.

But it is disturbing that people like Bernie Madoff, Ted Kaczynski, Eric Rudolph, and Terry Nichols are eligible for stimulus checks.

Confirmed: Inmates Eligible For Cares Act $1,200 Stimulus Checks From IRS; Here’s How To File

 

[mkgal1]

From what I'm understanding...this applies to people that are incarcerated and waiting for trial. People that have been sentenced have been in the system for too long to qualify. For instance....people that were arrested in February of this year and hadn't filed taxes for 2019. These inmates haven't even been tried yet, so incarceration shouldn't exclude them.

 

[( ͡° ͜ʖ ͡°)]

hey 'jayem': years ago, did you used to post on theforum?

 

[returntosender]

"On October 14, a district court for the Northern District of California granted summary judgment in Scholl v Mncuhin, a case that challenged the IRS’s policy of excluding inmates from receiving $1,200 stimulus checks. The court also made permanent the preliminary injunction it had issued earlier this month, which means that the IRS and Treasury Department cannot withhold stimulus checks solely based on an individual’s incarceration status. The government could still appeal the court’s ruling again (it was denied by the 9th Circuit), but the permanent injunction should be cause for celebration for the over two million incarcerated individuals in the U.S. who may now be eligible for an economic impact payment..."

Apparently, when the CARES Act was written, there was no language excluding incarcerated offenders from receiving stimulus money, or authorizing the IRS to withhold such funds. So the IRS's policy not to issue checks to inmates was ruled arbitrary and capricious. This would seem to be a strict, textualist interpretation of the law. Which is what conservatives support.

But it is disturbing that people like Bernie Madoff, Ted Kaczynski, Eric Rudolph, and Terry Nichols are eligible for stimulus checks.

Confirmed: Inmates Eligible For Cares Act $1,200 Stimulus Checks From IRS; Here’s How To File

Does that mean they passed a stimulus bill?

 

[mkgal1]

Does that mean they passed a stimulus bill?

This was the original stimulus check from earlier this year.

 

[Sophrosyne]

If they get money, let them pay for their own PPE like the rest of us have to. I have no problem with them getting money as enjoying the money in prison will be a bit hard to do unless they buy contraban with it. Maybe when they get out of prison they will have 1200 dollars to start life over and be less apt to need to resort to crime right away.

 

[justtrance]

I hope it goes to their arrears in Child Support, if they have any.

 

[mkgal1]

Maybe when they get out of prison they will have 1200 dollars to start life over and be less apt to need to resort to crime right away.

Do you realize that a lot of people that are incarcerated haven't been tried yet nor found guilty? They could very probably be innocent. In the meantime....while they're awaiting trial....they could lose their jobs, their homes, and just about everything they have. They may not have *ever* resorted to crime in the first place.

From article:
Every year, thousands of innocent people are sent to jail only because they can’t afford to post bail, putting them at risk of losing their jobs, custody of their children — even their lives.
"The Bail Trap - The New York Times" The Bail Trap (Published 2015)​

 

[Sophrosyne]

Do you realize that a lot of people that are incarcerated haven't been tried yet nor found guilty? They could very probably be innocent. In the meantime....while they're awaiting trial....they could lose their jobs, their homes, and just about everything they have. They may not have *ever* resorted to crime in the first place.

From article:
Every year, thousands of innocent people are sent to jail only because they can’t afford to post bail, putting them at risk of losing their jobs, custody of their children — even their lives.
"The Bail Trap - The New York Times" The Bail Trap (Published 2015)​

I'd appreciate it if you didn't cut out the first half of my post as it said I had no problem with them getting the money.

 

[mkgal1]

I'd appreciate it if you didn't cut out the first half of my post as it said I had no problem with them getting the money.

Okay....that wasn't the part I was referring to, however. This doesn't answer my question.

 

[Sophrosyne]

Okay....that wasn't the part I was referring to, however. This doesn't answer my question.

I don't see your question as a problem to my answer to the OP of this thread. I can see issues with guilty people getting money that could go to their victims but $1200 to a person isn't a huge amount it can help but most likely not turn things around that much for people who also got $1200 and more if they have kids.

 

[jayem]

hey 'jayem': years ago, did you used to post on theforum?

I’ve posted on CF since about 2003. (To the best of my recollection.) I posted on Internet Infidels before that. My career was in health care, and I was involved with a medical-related discussion forum in the late 90’s. Biomedical ethics was my main interest back in the day. But I’ve expanded my horizons.

 

[Sparagmos]

I have no problem with them getting money as enjoying the money in prison will be a bit hard to do unless they buy contraban with it.

This is not true! There is a lot they can purchase in prison. My Dad served 10 years in prison and if he didn’t have money to buy vitamins and food in the canteen his health would have greatly deteriorated. There was also a meager library in the prison but sometimes he could buy books at the canteen.

 

[Sophrosyne]

This is not true! There is a lot they can purchase in prison. My Dad served 10 years in prison and if he didn’t have money to buy vitamins and food in the canteen his health would have greatly deteriorated. There was also a meager library in the prison but sometimes he could buy books at the canteen.

It would probably take awhile to spend $1200 then. As much as they are often getting clobbered with Covid in prisons (here in my state especially) the money is for Covid "help" so I see no problem with using it if they can.

 

[Mayzoo]

Does that mean they passed a stimulus bill?

No, they have no intention of passing a stimulus bill until maybe after the election, and no guarantee then. It is not really on Congress/Senates list of important tasks for now.

 

[mkgal1]

It would probably take awhile to spend $1200 then. As much as they are often getting clobbered with Covid in prisons (here in my state especially) the money is for Covid "help" so I see no problem with using it if they can.

.....or, for some, their wives and children can use the money.

Edited: or husbands. Women get wrongly accused as well.

 

[Tone]

"On October 14, a district court for the Northern District of California granted summary judgment in Scholl v Mncuhin, a case that challenged the IRS’s policy of excluding inmates from receiving $1,200 stimulus checks. The court also made permanent the preliminary injunction it had issued earlier this month, which means that the IRS and Treasury Department cannot withhold stimulus checks solely based on an individual’s incarceration status. The government could still appeal the court’s ruling again (it was denied by the 9th Circuit), but the permanent injunction should be cause for celebration for the over two million incarcerated individuals in the U.S. who may now be eligible for an economic impact payment..."

Apparently, when the CARES Act was written, there was no language excluding incarcerated offenders from receiving stimulus money, or authorizing the IRS to withhold such funds. So the IRS's policy not to issue checks to inmates was ruled arbitrary and capricious. This would seem to be a strict, textualist interpretation of the law. Which is what conservatives support.

But it is disturbing that people like Bernie Madoff, Ted Kaczynski, Eric Rudolph, and Terry Nichols are eligible for stimulus checks.

Confirmed: Inmates Eligible For Cares Act $1,200 Stimulus Checks From IRS; Here’s How To File

Why wouldn't they be qualified? They are the epitome of upholding the social contract.

*They should be the first to receive...