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ASTRUE v. CAPATO

No. 11-159.

132 S.Ct. 2021 (2012)

182 L.Ed.2d 887

Michael J. ASTRUE, Commissioner of Social Security, Petitioner v. Karen K. CAPATO, on behalf of B.N.C., et al.

Supreme Court of United States.

Decided May 21, 2012.

Attorney(s) appearing for the Case

Eric D. Miller, San Francisco, CA, for Petitioner.

Charles A. Rothfeld, Washington, DC, for Respondents.

Donald B. Verrilli, Jr., Solicitor General, Counsel of Record, Department of Justice, Washington, DC, for Petitioner.

Bernard A. Kuttner, Millburn, NJ, Jeffrey A. Meyer, Yale Law School, Supreme Court Clinic, New Haven, CT, Charles A. Rothfeld, Counsel of Record, Andrew J. Pincus, Michael B. Kimberly, Paul W. Hughes, Mayer Brown LLP, Washington, DC, for Respondents.

David F. Black, General Counsel, Social Security Administration, Baltimore, MD, Donald B. Verrilli, Jr., Solicitor General, Counsel of Record, Tony West, Assistant Attorney General, Edwin S. Kneedler, Deputy Solicitor General, Eric D. Miller, Assistant to the Solicitor General, Michael S. Raab, Kelsi Brown Corkran, Attorneys, Department of Justice, Washington, DC, for Petitioner.

Justice GINSBURG delivered the opinion of the Court.

Karen and Robert Capato married in 1999. Robert died of cancer less than three years later. With the help of in vitro fertilization, Karen gave birth to twins 18 months after her husband's death. Karen's application for Social Security survivors benefits for the twins, which the Social Security Administration (SSA) denied, prompted this litigation. The technology that...

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