Goldberg v. Kelly

Goldberg v. Kelly
Supreme Court of the United States
Argued October 13, 1969
Decided March 23, 1970
Full case nameGoldberg, Commissioner of Social Services of the City of New York v. Kelly, et al.
Citations397 U.S. 254 (more)
90 S. Ct. 1011; 25 L. Ed. 2d 287; 1970 U.S. LEXIS 80
Case history
PriorAppeal from the United States District Court for the Southern District of New York, Kelly v. Wyman, 294 F. Supp. 893 (S.D.N.Y. 1969); probable jurisdiction noted, 394 U.S. 971 (1969).
Holding
The Due Process Clause of the Fourteenth Amendment to the United States Constitution requires a full evidentiary hearing before a recipient of certain government benefits is deprived of such benefits.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
Hugo Black · William O. Douglas
John M. Harlan II · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall
Case opinions
MajorityBrennan, joined by Douglas, Harlan, White, Marshall
DissentBurger
DissentBlack
DissentStewart
Laws applied
U.S. Const. amend. XIV
Wikisource has original text related to this article:

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.[1][2]

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.[3] There is no right to a formal trial. The case was decided 5–3. (There was a vacancy on the Court because of the resignation of Abe Fortas.) Goldberg v. Kelly, Shapiro v. Thompson, and King v. Smith were a part of the set of successful Supreme Court cases that dealt with Welfare, specifically referred to as a part of 'The Welfare Cases'. [4]

  1. ^ Goldberg v. Kelly, 397 U.S. 254 (1970).
  2. ^ "Goldberg v. Kelly | Case Brief for Law Students | Casebriefs". Retrieved January 3, 2024.
  3. ^ Frum, David (2000). How We Got Here: The '70s. New York, New York: Basic Books. pp. 228–229. ISBN 0-465-04195-7.
  4. ^ West, Guida (1981). The National Welfare Rights Movement : The Social Protest of Poor Women. New York, N.Y: Praeger. pp. 328–345.{{cite book}}: CS1 maint: date and year (link)