Goldberg v. Kelly

Goldberg v. Kelly
Goldberg v. Kelly
	Supreme Court of the United States
Argued October 13, 1969; Decided March 23, 1970
Full case name	Goldberg, Commissioner of Social Services of the City of New York v. Kelly, et al.
Citations	397 U.S. 254 (more) 90 S. Ct. 1011; 25 L. Ed. 2d 287; 1970 U.S. LEXIS 80
Case history
Prior	Appeal 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
Majority	Brennan, joined by Douglas, Harlan, White, Marshall
Dissent	Burger
Dissent	Black
Dissent	Stewart
Laws applied
	U.S. Const. amend. XIV

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]

^ Goldberg v. Kelly, 397 U.S. 254 (1970).
^ "Goldberg v. Kelly | Case Brief for Law Students | Casebriefs". Retrieved January 3, 2024.
^ Frum, David (2000). How We Got Here: The '70s. New York, New York: Basic Books. pp. 228–229. ISBN 0-465-04195-7.
^ 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)

[1] Goldberg v. Kelly, 397 U.S. 254 (1970).

[2] "Goldberg v. Kelly | Case Brief for Law Students | Casebriefs". Retrieved January 3, 2024.

['70s_228-3] Frum, David (2000). How We Got Here: The '70s. New York, New York: Basic Books. pp. 228–229. ISBN 0-465-04195-7.

[:37-4] 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)

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Goldberg v. Kelly
Supreme Court of the United States
Argued October 13, 1969 Decided March 23, 1970
Full case name	Goldberg, Commissioner of Social Services of the City of New York v. Kelly, et al.
Citations	397 U.S. 254 (more) 90 S. Ct. 1011; 25 L. Ed. 2d 287; 1970 U.S. LEXIS 80
Case history
Prior	Appeal 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
Majority	Brennan, joined by Douglas, Harlan, White, Marshall
Dissent	Burger
Dissent	Black
Dissent	Stewart
Laws applied
U.S. Const. amend. XIV