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Vitro, it s anald law, thus if brynn had been conceived before her father s death, she s be elable for benefits. isn t that a technicality, a distinction without a difference that denies her benefits? well, gregg, no. it really isn t. and here s the problem. i mean, this isn t the fielded story we re trying to make it out to be. the bottom line here is whatever the law states and however they define t. we re kind of stuck with that and the legislature can go back and change it, but imagine, social security benefits are held in trust, and they re given out per the rules of every state. they kind of defer to the states. gregg: right. in this case, if we make an exception to hand out some benefits where the law doesn t correspond with it, it s a slippery slope. then who else deserves it? that s going to get outrageous. tkpwra eubg tkpwra eubg look, a montana or minnesota law might allow for benefits here. so isn t there an equal protection problem? ....
Retroactive, they passed a new law that would allow brynn to receive benefits, wayne, but it s not retroactive and the eighth circuit court of appeals largely ignored it. yeah, they did. and here s the thing. it s really not a slippery slope, because in some places, you get it, in some places, you don t. the sperm donor scenario doesn t fit, because in almost all the states where you can get the benefits, it has to be contemplated prior to death that the person wanted to father a child, and with that father a child with somebody that he had a relationship with, so even the existing law would, but the legislature still needs to step in and fix it. they need to make a clear definition of what to do and all these laws were written well before anybody knew that you could father children after death. gregg: there are a lot of archaic laws but they re still valid, they just can t keep up with technology. there are elastic laws and ....
absolutely. you hit the nail right on the head. whether or not you get benefits in this situation depends entirely upon what state you live in. if you lived in california, you wouldn t get benefits, if you lived in arizona, you would get benefits. and even in iowa, iowa changed the law, and if this were to come up if the child were born today, the child would get benefits. what needs to happen is it needs to be nationalized, they need to go back to the legislature, whether you think the child should get benefits or you don t think the child should get benefits, they need to make one law that fits everybody. gregg: you know tad chad, let me come back to you. i read through the eighth circuit court of appeals ruling and i want to quote this part of it because i really couldn t believe what i was reading, put it up on the screen, byh bryn was not bee gotten before bruce pwao ear died because she was not conceived until more than a year after his death, for the same reason, she did ....
All off in a bow, make it look big, make it look important, it ends up being like water on a rock and people say yeah, i think the president said stuff about the economy, he needs an exclamation point on this. jenna: we ll see if he achieves bigness, a week from today, september 7th, 8:00 p.m., i know you ll be waiting and watching. yes ma am! jenna: chris, thank you very much, chris stierwalt. gregg: she was born two years after her father lost his battle with cancer, with the help of in vitro fertilization, but a federal court in iowa ruling because the little girl was born after her father s death, she is not entitled to his social security benefits, and the case could now be headed to the u.s. supreme court. let s bring in our legal panel, dwayne cates, criminal defense attorney, chad nelson, former prosecutor. chad, let me start with you, and i read it the iowa law, it never envisioned in ....
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