Butler v. Apfel

Robert Burdett Butler challenges the constitutionality of 42 U.S.C. § 402(x) which mandates the suspension of his social security benefits because he is a convicted felon currently incarcerated in prison. Butler claims that § 402(x) violates the due process and equal protection clauses of the Fifth Amendment and acts as an invalid ex post facto law and bill of attainder in violation of Article 9, Section 1. The district court dismissed Butler’s complaint for lack of subject matter jurisdiction and for failure to state a claim upon which relief could be granted. We have jurisdiction pursuant…