Goldberg v. Kelly, 397 U.S. 254 (1970), is a case in which the Supreme Court of the United States ruled that the Due Process Clause of the Fourteenth Amendment to the United States Constitution requires an evidentiary hearing before a recipient of certain government welfare benefits can be deprived of such benefits. Government-provided entitlements from the modern welfare state increased substantially in the United States during the 20th century. Appeal from the United States District Court for the Southern District of New York, Brennan, joined by Douglas, Harlan, White, Marshall.

Creative Commons Attribution-ShareAlike 3.0 Unported License (CC-BY-SA). [11] The prohibition against deprivation of property without due process of law contained in the Fourteenth Amendment to the U.S. Constitution therefore applies to benefits termination. [7], (b) Counsel need not be furnished at the pre-termination hearing, but the recipient must be allowed to retain an attorney. [3] The opinion of the Court was delivered by Justice William Brennan, while dissenting opinions were filed by Justices Hugo Black and Potter Stewart and Chief Justice Warren Burger. [16] Goldberg was contrasted to the First Circuit decision in Hahn v. Gottlieb [17] where is was determined that tenants were not entitled to a hearing in front of the Federal Housing Authority under the due process clause, even though there was significant government involvement. The Goldberg court decided that such entitlements (e.g., welfare payments, government pensions, professional licenses), are a form of "new property" that require pre-deprivation procedural protection, doing away with the traditional distinction between rights and privileges.

Brennan said at his retirement that he considered it the most important case he'd ever decided; conservative columnist David Frum once opined that the case was a major factor in New York City's 1975 budget meltdown.[1][1]. [13] The prohibition against deprivation of property without due process of law in the Fourteenth Amendment therefore applies to benefits termination. In Goldberg v. Kelly the court majority stated that welfare benefits are property[10] and articulated the general proposition that welfare enjoys the same legal protection as other property. [8], (c) A decision must rest "solely on the legal rules and evidence adduced at the hearing. With respect to New York's newly implemented hearings, the Court found them deficient insofar as they did not permit recipients to present evidence, be heard orally in person or through counsel, or cross-examine adverse witnesses. D. C. 329, 226 F.2d 51 (1955), Fourteenth Amendment to the United States Constitution, Fourteenth Amendment of the United States Constitution, Administrative Procedure Act (United States), https://www.casebriefs.com/blog/law/administrative-law/administrative-law-keyed-to-lawson/constitutional-constraints-on-agency-procedure/goldberg-v-kelly/. In a 5-to-3 decision, the Court held that states must afford public aid recipients a pre-termination evidentiary hearing before discontinuing their aid. Does the welfare recipient have the right to counsel or an attorney at an evidentiary hearing? Although originally offering no official notice or opportunity for hearings to those whose aid was scheduled for termination, the State of New York implemented a hearing procedure after commencement of Kelly's litigation. State/Territory New York Case Type(s) Public Benefits / Government Services Attorney Organization Legal Services/Legal Aid Appellees, John Kelly et al., were New York residents … Although originally offering no official notice or opportunity for hearings to those whose aid was scheduled for termination, the State of New York implemented a hearing procedure after commencement of Kelly's litigation. The Goldberg decision set the parameters for procedural due process when dealing with the deprivation of a government benefit or entitlement.

John Kelly, acting on behalf of New York residents receiving financial assistance either under the federally assisted program for Families with Dependent Children or under New York State's home relief program, challenged the constitutionality of procedures for notice and termination of such aid. The abstention doctrine presupposes the adequacy of state process to protect constitutional rights. B.; Schroeder, M. R.; Bennett, R. W.; Boyd, W. E., “Law of the Poor,” West Publishing Co. St. Paul, Minnesota, 1973; pp. John Kelly, acting on behalf of New York residents receiving financial assistance either under the federally-assisted program for Families with Dependent Children or under New York State's home relief program, challenged the constitutionality of procedures for notice and termination of such aid. Does the Fourteenth Amendment require a full "evidentiary hearing" prior to termination of welfare benefits? 2d 287, 1970 U.S. 80 Brief Fact Summary. Goldberg v. Kelly is significant because it gives parameters to the requirements of procedural due process in connection with statutory entitlements. Poor people may lack the funds to pursue a court hearing process. [6], (a) Such hearing need not take the form of a judicial or quasi-judicial trial, but the recipient must be provided with timely and adequate notice detailing the reasons for termination and an effective opportunity to defend by confronting adverse witnesses and by presenting his own arguments and evidence orally before the decision maker. [18][19][20] One solution has been the use of a preliminary injunction, which preserves the status quo while the litigation proceeds. 96 U.S. App. (There was a vacancy on the Court, owing to the resignation of Abe Fortas.

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