Handley Herron v. Schweiker’s Empirical Analysis
697 F.2d 999 · 1983
Citation profile
3 federal appellate · 4 state decisions
How this case has been cited
Cited by 28 later decisions (1 by the Supreme Court) — most recently September 2013 · most notably Lawrence Ex Rel. Lawrence v. Chater (1996), Parsons Bryant v. Health and Human Services (1985)
3 federal appellate · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 42 U.S.C. § 402 (§ 202 of the Social Security Act of 1935) · 42 U.S.C. § 416 (§ 216 of the Social Security Act of 1935)
Relies on Weber v. Aetna Casualty & Surety Co. · Trimble v. Gordon · Harris v. McRae · Levy v. Louisiana Ex Rel. Charity Hospital · Mathews v. Lucas
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“apply such law as would be applied in determining the devolution of intestate personal property ... by the courts of the State in which [the deceased] was domiciled at the time of his death.”
2 later decisions quote this exact passage · from the majority“The obstacles to filing a paternity and child support suit within a year after the child’s birth, which the Court discussed in Mills, are likely to persist during the second year as well. The mother may experience financial difficulties caused not only by the child’s birth, but also by a loss of income attributable to the need to care for the child. Moreover, “continuing affection for the child’s father, a desire to avoid disapproval of family and community, or the emotional strain and confusion that often attend the birth of an illegitimate child” may inhibit a mother from filing a paternity suit on behalf of the child within two years after the child’s birth. Justice O’Connor suggested in Mills that the emotional strain experienced by a mother and her desire to avoid family or community disapproval “may continue years after the child is born.” These considerations compel a conclusion that the 2-year limitations period does not provide illegitimate children with “an adequate opportunity to obtain support.””
1 later decision quote this exact passage · from the majority““We hold that application of the requirement that paternity proceedings be maintained during the father’s lifetime is unconstitutional as applied to illegit-imates whose fathers have died within one year after their birth, and who would thereby effectively be barred from receiving child’s benefits under section 416(h)(2)(A) because of legal inability to prove paternity. Our holding is limited to the issue presented. We do not suggest that a similar decision would be required where a private estate settlement is in issue or where posthumous paternity proceedings were brought for the purpose of obtaining child support from the father’s estate.” (Emphasis added.)”
1 later decision quote this exact passage · from the majoritye.g. Lamar v. Lamar
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.