Tag Archives: ZZ: Astrue v. Capato

Ken Klukowski at Breitbart: A deceased man’s child is not always a child under Florida law when it comes to Social Security benefits. So said the Supreme Court in Astrue v. Capato, a case where modern technology collided with federal entitlements.

SCOTUS Blog: Case Information Page and Document Links _____________ SCOTUS Ruling here: Astrue v. Capato, No. 11-159 Eighteen months after her husband, Robert Capato, died of cancer, respondent Karen Capato gave birth to twins conceived through in vitro fertilization using …

Nina Totenberg reports at NPR (includes audio): ustices Antonin Scalia and Anthony Kennedy both raised an issue not before the court — whether a child conceived in vitro can be properly called a survivor since the child never lived with or was dependent on the deceased.

How Appealing links to more reports on the arguments.

AP: Should babies conceived through artificial insemination after a father’s death get his Social Security survivor benefits?

SCOTUS Blog: The following contribution is by Kristine S. Knaplund, Professor of Law at Pepperdine University School of Law in Malibu, California. Professor Knaplund has written extensively on the legal and ethical issues that arise when children are conceived and born years after a genetic parent has died, including articles in the Arizona Law Review, Kansas Law Review, the Duke Journal of Gender Law and Policy, the Michigan Journal of Law Review, and the ABA Real Property, Trust and Estate Law Journal. She is an Academic Fellow of the American College of Trust and Estate Counsel, and serves as Vice Chair of the ABA Elder Law, Disability Planning and Bioethics Group.

The Supreme Court said on Monday it would decide whether children conceived through in vitro fertilization after the death of their parent were entitled to survivor benefits under the Social Security law.