page_title: Goldberg v. Kelly
section_title: Discussion
hierarchical_section_title: Goldberg v. Kelly / Discussion
caption_attribution_description: English: President Kennedy signing the 1961 Amendments into law, June 30, 1961. Shown with the President are (left to right) Rep. Carl Albert (D-OK); Rep. Wilbur Mills (D-AR); Sen. John J. Williams (R-DE); Rep. Thomas J. O'Brien (D-IL); Vice President Lyndon B. Johnson; Sen. Robert S. Kerr (D-OK); Rep. John W. Byrnes (R-WS); Abraham Ribicoff, Secretary of Health, Education, and Welfare; and Wilbur J. Cohen, Assistant Secretary of Health, Education, and Welfare. SSA History Archives.
context_page_description: Goldberg v. Kelly, 397 U.S. 254, 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.
  The individual losing benefits is entitled to an oral hearing before an impartial decision-maker as well as the right to confront and cross-examine witnesses and the right to a written statement setting out the evidence relied upon and the legal basis for the decision. There is no right to a formal trial. The case was decided 5-3.
context_section_description: The Goldberg decision set the parameters for procedural due process when dealing with the deprivation of a government benefit or entitlement. The Court held that a person has a property interest in certain government entitlements, which require notice and a hearing before a governmental entity (either state or federal) takes them away. Government-provided entitlements from the modern welfare state increased substantially in the United States during the 20th century. The Goldberg court decided that such entitlements (like welfare payments, government pensions, professional licenses), are a form of "new property" that require pre-deprivation procedural protection and so did away with the traditional distinction between rights and privileges.
  The majority stated that welfare benefits are property and articulated the general proposition that welfare enjoys the same legal protection as other property. Justice Brennan noted that welfare benefits are "a matter of statutory entitlement for persons qualified to receive them" and added that "it may be realistic today to regard welfare entitlements as more like 'property' than a 'gratuity.'" Here Brennan cited Charles A. Reich's article "The New Property". The prohibition against deprivation of property without due process of law in the Fourteenth Amendment therefore applies to benefits termination.
  This specific case dealt with 20 individuals who had been suspected of welfare fraud by New York City officials and were then denied municipal benefits. 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. Brennan said at his retirement that he considered it the most important case he had ever decided; conservative columnist David Frum once claimed that the case was a major factor in New York City's 1975 budget meltdown.
  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. 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 decision answered questions that had been unresolved in the previous Supreme Court cases of Rudder v. United States and Thorpe v. Housing Authority of Durham. The cases involved questions of denial of tenancy or eviction in governmental housing projects.
  It has been noted that the precarious financial status of those in poverty may preclude an extensive litigation process despite the decision. The abstention doctrine presupposes the adequacy of state process to protect constitutional rights. Poor people may lack the funds to pursue a court hearing process. One solution has been the use of a preliminary injunction, which preserves the status quo while the litigation proceeds.
caption: Growth of federal involvement in funding and administrating welfare began under President John F. Kennedy.
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