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

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

• Learn how the status of the affected persons can
  change the nature of the due process needed for
  fundamental fairness
• Learn how increasing due process rights can have
  unintended consequences in a program with limited
  resources

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The pre-1996 Welfare System

• What is the general attitude toward people on
  Welfare?
• How was this reflected in the administration of
  the welfare programs?
• What was AFDC?
• What were the unintended consequences of the
  welfare system?

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Supreme Court Context

• Earl Warren
• Appointed Chief Justice in 1953 - by which
  president?
• What was Warren's background?
• Served until 1969
• What was the jurisprudential shift on the United
  States Supreme Court in the 1950s and 1960s?
• Who became Chief Justice after Earl Warren?
• Goldberg is the last gasp of the Earl Warren Court

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Facts of the Case

• What state did this case arise in?
• What program was providing benefits to the
  plaintiffs?
• What was the economic status of plaintiffs?
• How does this complicate their effectively
  asserting their legal rights?

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Statutory Entitlements

• What makes a benefit an entitlement?
• What is a matrix regulation?

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Matrix Regulation
Test 1 Test 2 Claimant Status
Income less than 3000 for family of 2 Income less than 6000 for family of 4 x
Assets less than 2000 Head of household is disabled x
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Pre-Goldberg Administrative Process

• What was the administrative process that
  plaintiffs were contesting?
• What do you think is the relationship between the
  agency personnel and the plaintiffs?
• What were the problems with the informal system
  of reevaluating beneficiaries status?
• What was the impact on plaintiffs of terminating
  benefits?
• How does this further complicate post-deprivation
  hearing rights?

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Why a Hearing?

• Why couldn't plaintiff hire an attorney and file
  a written response to the termination letter?
• What could she do at a hearing that she could not
  do in writing?
• Why wasn't a post-termination hearing enough?
• Why didn't the state want to give everyone a
  hearing?

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Goldberg Rights - I

• 1) timely and adequate notice
• 2) oral presentation of arguments
• 3) oral presentation of evidence
• 4) confronting adverse witnesses
• 5) cross-examination of adverse witnesses

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Goldberg Rights - II

• 6) disclosure to the claimant of opposing
  evidence
• 7) the right to retain an attorney (no appointed
  counsel)
• 8) a determination on the record of the hearing
• 9) record of reasons and evidence relied on and
• 10) an impartial decision maker

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Administrative Costs of Goldberg

• What does granting these hearings do to the cost
  of removing someone from welfare?
• What does it do to the balance of benefits costs
  to administration costs?
• What does this do to the global cost of the
  benefits system?

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Short-Term Impact of Goldberg

• How does raising the administrative costs affect
  new claims for welfare?
• What is the incentive for the welfare officers
  under the Goldberg ruling?
• What expectation does it create for welfare
  recipients?
• What long term problem did this contribute to?

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Fixing Welfare - The 1996 Act

• Who pushed for welfare reform?
• Who signed it?
• What is the new name for AFDC?
• TANF - Temporary assistance for Needy Families
• What does the name change tell you about the
  change in philosophy?
• How long do you get on the program?
• How does this affect future Goldberg actions?
• Will there be facts in dispute?