Astrue v. Capato (U.S. Supreme Court; Third Circuit)

The Supreme Court granted certiorari to address whether a posthumously conceived child qualifies as a “child” for purposes of Social Security survivorship benefits. In conjunction with the Yale Supreme Court Clinic, we opposed certiorari and represented the respondent on the merits. The Supreme Court ultimately concluded that the analysis turns on a question of state law, and remanded the matter to the Third Circuit for further proceedings, which we also briefed and argued.


Brief in Opposition

Brief for Respondent

Supplemental Brief