1. Goldberg v. Kelly, (1970)
2. Facts: A welfare recipient’s benefits were terminated without an evidentiary hearing.
3. Issue: Whether 14th amendment procedural due process required that a welfare recipient be afforded “an evidentiary hearing before the termination of benefits.”
4. Holding: Yes.
5. 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”.
6. 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.
