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

Facts: A welfare recipient’s benefits were terminated without an evidentiary hearing.

Issue: Whether 14th amendment procedural due process required that a welfare recipient be afforded “an evidentiary hearing before the termination of benefits.”

Holding: Yes.

Majority Reasoning: [Brennan] Welfare benefits are a matter of statutory entitlement. They are not mere charity but a means to promote the general welfare. Thus, termination of benefits without a hearing may deprive an eligible recipient of his “liberty” and “property”.

Notes: In Bell v. Burson, a driver’s license was held to be an entitlement under state law, and so a state could not suspend a driver’s license without a hearing to determine fault in an accident.

Prepared by Roger Martin

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