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Constitutional Law Keyed to Choper
Goldberg v. Kelly
Citation:
397 U.S. 254 (1970)Facts
Recipients of public assistance in New York City under the federally assisted AFDC program and the state’s Home Relief program challenged procedures that allowed termination of benefits without prior notice or hearing. After the lawsuit was filed, New York implemented new procedures that provided written notice of proposed termination at least seven days in advance and allowed recipients to submit written statements to a reviewing official. However, these procedures did not allow recipients to appear in person before the official making the final determination, present oral evidence, or confront and cross-examine adverse witnesses before benefits were terminated. The state did provide a post-termination “fair hearing” with full procedural rights, but recipients argued this was insufficient because the loss of benefits while awaiting the hearing could cause irreparable harm to individuals dependent on welfare for basic necessities.
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