Goldberg v. Kelly

SCOTUSCase
Litigants=Goldberg v. Kelly
ArgueDate=October 13
ArgueYear=1969
DecideDate=March 23
DecideYear=1970
FullName=Goldberg, Commissioner of Social Services of the City of New York v. Kelly, et al.
USVol=397
USPage=254
Citation=90 S. Ct. 1011; 25 L. Ed. 2d 287; 1970 U.S. LEXIS 80
Prior=Appeal from the United States District Court for the Southern District of New York
Subsequent=
Holding=The Constitution's Fourteenth Amendment Due Process Clause requires a full evidentiary hearing before a recipient of certain government benefits is deprived of such benefits.
SCOTUS=1969c
Majority=Brennan
JoinMajority=Douglas, Harlan, White, Marshall
Dissent=Burger
Dissent2=Stewart
Dissent3=Black
LawsApplied=U.S. Const. amend. XIV

"Goldberg v. Kelly", 397 U.S. 254 (1970), is a case in which the United States Supreme Court ruled that the Constitution's Fourteenth Amendment Due Process Clause requires a full evidentiary hearing before a recipient of certain government benefits is deprived of such benefits. 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 twentieth century. 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.

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.

ee also

*List of United States Supreme Court cases, volume 397
*Administrative Procedure Act
*Due Process

External links

* [http://findlaw.com Findlaw.com] - full text of "Goldberg v. Kelly", [http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=397&page=254 397 U.S. 254 (1970)] .