Latest Supreme Court Ruling Makes Sense

This latest Supreme Court ruling seems to make some sense at a time when many laws, public policies etc., regarding children really don't.

We have to get back to a time when having children had no financial benefit for anybody.

Then many of these scenarios will just fade away on their own.

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http://www.cbsnews.com/8301-201_162-57438353/supreme-court-rules-that-twins-conceived-after-dads-death-wont-get-survivor-benefits/

Supreme Court rules that twins conceived after dad's death won't get survivor benefits

WASHINGTON - The Supreme Court on Monday ruled that a man's children who were conceived through artificial insemination after his death cannot get Social Security survivor benefits.

Justices unanimously ruled that twins born to Robert Capato's surviving wife Karen did not qualify for survivor benefits because of a requirement that the federal government use state inheritance laws.

The Capato twins, conceived using Robert Capato's frozen sperm, were born 18 months after their father died of esophageal cancer. Karen Capato's application for survivor benefits on behalf of the twins was rejected by the Social Security Administration, which said Robert Capato needed to be alive during the children's conception to qualify. A federal judge agreed, saying they had to qualify as Capato's children before his death or qualify under state inheritance law as children who could legally inherit.

Capato died a Florida resident, and Florida law expressly bars children conceived posthumously from inheritance, unless they are named in a will. The only beneficiaries named in Capato's will are his wife, their son and his two children from a previous marriage.

The 3rd U.S. Circuit Court of Appeals in Philadelphia overturned that decision, saying the Capato twins were clearly the biological children of Robert Capato and deserved the survivor benefits. But other federal appellate courts have ruled differently in similar cases, leaving the Supreme Court to come to a final conclusion.

"We find the Social Security Administration's ruling better attuned to the statute's text and its design to benefit primarily those the deceased wage earner actually supported in his or her lifetime," Ginsburg said. "And even if the agency's longstanding interpretation is not the only reasonable one, it is at least a permissible construction entitled to deference."

The case was heard by the Philadelphia appeals court because Karen Capato unsuccessfully argued that her children should have been considered citizens of New Jersey, which has different inheritance laws from Florida. The twins were conceived in Florida, but Karen Capato moved to New Jersey during the pregnancy.

Ginsburg called Robert Capato's death before he and his wife could provide their children with additional siblings "tragic."

But "the law Congress enacted calls for resolution of Karen Capato's application for child's insurance benefits by reference to state intestacy law," she said. "We cannot replace that reference by creating a uniform federal rule that statute's text scarcely supports."

Another Bait and Switch Scheme to Steal Infants from their Mothers

Just the way things are today...

I just received the second to the last  response on my blog this morning and immediately thought it was an interesting and sad commentary on our times...

BTW, I experienced the same thing with my daughter when she decided at the age of 14 to live with her dad. 

It lasted a year and then she returned to my home on her own, but I was devastated at the time.

To this day this event impacts our relationship...

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Thursday, April 20, 2006

Another Bait and Switch Scheme to Steal Infants from their Mothers

http://www.kentucky.com/mld/kentucky/14353722.htm

Mothers in domestic violence shelters face losing their children
By Valarie Honeycutt Spears

HERALD-LEADER STAFF WRITER

Domestic violence shelter directors say the state is increasingly taking children away from women who have done nothing more than move to a shelter to escape a violent home.

In the past year, the Cabinet for Health and Family Services has removed the children of about 50 women served by the Bluegrass Domestic Violence Program, said Darlene Thomas, the program's director. The program covers Fayette and 16 surrounding counties.

Some Cabinet workers have been telling women that shelters aren't an appropriate atmosphere for children, said Kentucky Domestic Violence Association executive director Sherry Currens. Currens and other domestic violence victim advocates worry that the trend could dissuade victims from seeking help.

"You don't have to hurt the baby or neglect it; at this point, being an abused woman who shows up at a shelter is often enough grounds to take a child," Thomas said.

That's a shift from the past, when child-protection workers applauded mothers who fled abusive partners and took their children to shelters.

Shelters provide a safe, structured environment for families and also offer programs designed for the children, Thomas said.

A recent child advocacy report suggested that officials could be removing more children of domestic violence victims as part of a broader push to increase adoptions from state foster care in order to get federal financial bonuses for the state.

The Cabinet disputes that.

"It has nothing to do with federal enticements or raising adoption numbers. Our motivation is to protect the child," said Tom Emberton Jr., commissioner of the Department for Community Based Services. "There is no policy that children of domestic violence victims are removed. We look at each case."

Emberton said he is aware of the concerns by the victim advocates and that the Cabinet is looking into them.

Thomas said the domestic violence professionals on her staff agreed that the Cabinet removals were appropriate in only about five of the 50 cases, in which mothers had other problems, such as drug addiction, in addition to domestic violence.

Thomas said she knows of three cases in the 17-county area in which the state found new adoptive families for infants who were taken from domestic violence victims at the hospital immediately after birth.

Currens said officials at shelters statewide are concerned about the trend. She said Cabinet workers and courts are sending mixed messages to victims: They could lose custody if they don't leave an abuser; but they are viewed as unstable if they flee to a shelter.

Currens said some domestic violence workers are so concerned that they have provided information for a state inspector general's investigation into foster care adoptions.

David Richart, executive director of the Louisville-based National Institute on Children, Youth and Families Inc., said shelter employees have come to him with concerns that victims were losing their children -- especially infants and toddlers who looked like "Gerber babies."
"I'm very concerned about what appears to be a trend," Thomas said. "I don't know why it's happening. I can't pretend to have the big picture."

It's probably happening to 'feed' the growing adoption market for blonde, blue-eyed babies as more and more professional women decide to follow the gender neutralized feminists' prescription for living the good life. First get a professional degree and establish yourself in your field THEN try to find a husband and have children.
Sadly by the time you accomplish all that you are probably in the situation of a Kay Bailey Hutchinson, Ann Coulter, Maureen Dowd, Condi Rice, Harriet Miers, etc., which means you either have to do a single parent adoption or spend your remaining fertile years sniffing around college campus looking for some young college girl (desperate for money) to sell you her eggs OR hang around a shelter in a poor southern state looking to STEAL some other young mother's baby...
Either way it's a disgusting scenario.
Go have your own kids and quit trying to steal either the eggs or baby 'chicks' of other mothers.