GOLDBERG V. KELLY
397 U.S. 254 (1970)
NATURE OF THE CASE: This was a dispute over the termination of welfare benefits.
FACTS: P's filed suit against the state and city alleging that they were going to
terminate welfare benefits without notice and hearing. The state and the city then responded
in an attempt to settle the lawsuit with a set of rules regarding the termination of
benefits and a hearing after the fact of administrative official determination had been
made. P's challenged the new regulations. Prior to termination, there was no opportunity for
a hearing and ability for a personal appearance or oral presentation. The District Court
held that only a pretermination evidentiary hearing would satisfy the constitutional
command. The Court reasoned that a welfare recipient is destitute and without funds or
assets and that to cut off funds in the face of a brutal need without a prior hearing of
some sort was unconscionable.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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