Obama appointee dissents as 4th Circuit panel rejects widows survivor benefits

[usregimechange]

Judge Andre Davis, who was appointed by Obama in 2009, dissented today from a majority (2-1) 3 judge panel that ruled against a widow who sought survivor benefits for a child who was born through in vitro fertilization. SSA denied her benefits because "under its view natural children must be able to inherit from the decedent under state intestacy law or satisfy certain exceptions to that requirement in order to count as 'children' under the Act."

Basically the majority believed the widow/child did not meet eligibility requirements on a narrow textual reading of the SSA. Davis believed the law, in its text and spirit, required that benefits be granted.

Ruling here:
http://pacer.ca4.uscourts.gov/opinion.pdf/101500.P.pdf

"What must be recalled is that judicial opinions, like the statutes they interpret, are not merely words arranged on paper. They have real effects on real people." -Judge Andre M. Davis, dissenting, SCHAFER v. ASTRUE.

The 2 judge majority was formed by the following judges:

James Harvie Wilkinson III, Nominated by Ronald Reagan on January 30, 1984.

George Steven Agee, Nominated by George W. Bush on March 13, 2008.

Obama's influence on this court will be dramatic and long lasting. His influence is about to dominate this court compared to all previous Presidents including those serving 2 terms:

[usregimechange]

1. Obama has one nominee up for 1 of the 2 spots, more on that here:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x282965

[Tx4obama]

2. K & R n/t