The Unrealized Promise of Goldberg v. Kelly
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Subject
Washington and Lee University, Shepherd Poverty Program
Economic assistance, Domestic
Human rights
Due process of law -- U.S. states
Welfare rights movement
Welfare recipients -- Legal status, laws, etc.
Mobilization for Youth
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Nathan C. Weinert is a member of the Class of 2005 of Washington and Lee University School of Law. Capstone; [FULL-TEXT FREELY AVAILABLE ONLINE] Goldberg v. Kelly was an important case for welfare rights lawyers. It unquestionably gave them something to cheer about because it ensured that people like John Kelly could not lose their welfare benefits because of a caseworker's whim or anger. After Goldberg, people like John Kelly could still lose their benefits, but only after they were given a fair hearing.
Since Goldberg, there have not been many victories for welfare rights lawyers. The right to live idea was never adopted and Goldberg's due process requirements did not always mean much in reality. However, even in the age of PRWORA [Personal Responsibility and Work Reconciliation Opportunity Act of 1996], Goldberg still lives. It may not mean as much as was hoped, but it is still part of a framework that gives welfare recipients more process than they were given before 1970. [From Conclusion]