Astrue v. Capato Argument Recap: Old Law, New Technology, and Social Security Benefits

3 Pages Posted: 29 Mar 2012 Last revised: 7 Aug 2014

Kristine S. Knaplund

Pepperdine University School of Law

Date Written: 2012

Abstract

In this, the second in a series of SCOTUSblog postings discussing the 2012 Supreme Court case of Astrue v. Capato, Professor Knaplund summarizes counsel's oral arguments before the Court. The arguments focused on Congressional intent in enacting the Social Security Act, and specifically the meaning of the word "child" in the statute. How the word "child" is defined directly affects the outcome of the case, in which the legal issue is whether a "postmortem conception" child (which is conceived using the decedent's genetic material) is eligible to receive the decedent's Social Security benefits.

Keywords: Supreme Court, child, parent, Social Security, benefit, decedent, postmortem, conception, conceive, state law, federal law, federalism, assisted reproduction, ART

Suggested Citation

Knaplund, Kristine S., Astrue v. Capato Argument Recap: Old Law, New Technology, and Social Security Benefits (2012). SCOTUSblog, March 22, 2012; Pepperdine University Legal Studies Research Paper No. 2012/15. Available at SSRN: https://ssrn.com/abstract=2031215

Kristine S. Knaplund (Contact Author)

Pepperdine University School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States

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