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- Subject: 89-535--DISSENT, SULLIVAN v. STROOP
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- SUPREME COURT OF THE UNITED STATES
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-
- No. 89-535
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- LOUIS W. SULLIVAN, SECRETARY OF HEALTH
- AND HUMAN SERVICES, PETITIONER v.
- ELIZABETH STROOP, et al.
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-
- on writ of certiorari to the united states court of appeals for the fourth
- circuit
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-
- [June 14, 1990]
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- Justice Stevens, dissenting.
-
- Although the answer to the question presented by this case is not quite
- as clear to me as it is to Justice Blackmun, I believe he has the better of
- the argument. If one puts aside legal terminology and considers ordinary
- English usage, Social Security benefits paid to the surviving child of a
- deceased wage earner are reasonably characterized as a form of "child
- support payments", indeed, they are quite obviously payments made to
- support children. Moreover, respondents' interpretation of Title IV of the
- Social Security Act effectuates congressional intent: if a $50 portion of
- Social Security payments is disregarded when a family's eligibility for aid
- is determined, children with equal need will be more likely to receive
- equal aid. Finally, the interpretation achieves this parity in a way that
- serves the disregard provision's purpose, fairly inferred from legislative
- history, of mitigating the hardships imposed by the 1984 amendment that
- required families applying for aid to count child support payments as
- available income.
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- Thus, Title II children's benefit payments are fairly encompassed by
- both the language and the purpose of the disregard provision. It may be
- that Congress did not sharply focus on the specific problem presented by
- this case; the statutory terminology suggests as much. Yet, this fact does
- not seem to me sufficient reason for refusing to give effect to Congress'
- more general intent, an intent that is expressed, albeit imperfectly, in
- the language Congress chose. For these reasons, and others stated by
- Justice Blackmun in his thorough opinion, I would affirm the judgment of
- the Court of Appeals.
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