Flemming v. Nestor

363 U.S. 603, 80 S. Ct. 1367, 4 L. Ed. 2d 1435, 1960 U.S. LEXIS 917
CourtSupreme Court of the United States
DecidedJune 20, 1960
Docket54
StatusPublished
Cited by1,503 cases

This text of 363 U.S. 603 (Flemming v. Nestor) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flemming v. Nestor, 363 U.S. 603, 80 S. Ct. 1367, 4 L. Ed. 2d 1435, 1960 U.S. LEXIS 917 (1960).

Opinions

Mr. Justice Harlan

delivered the opinion of the Court.

.From a decision of the District Court for the District of Columbia holding § 202 (n) of the Social Security Act (68 Stat. 1083, as amended, 42 U. S. C. § 402 (n)) unconstitutional, the Secretary of Health, Education, and Welfare takes this direct appeal pursuant to 28 U. S. C. § 1252. The challenged section, set forth in full in the margin,1 provides for the termination of old-age, survivor, [605]*605and disability insurance benefits payable to, or in certain cases in respect of, an alien individual who, after September 1, 1954 (the date of enactment of the section), is deported under § 241 (a) of the Immigration and Nationality Act (8 U. S. C. § 1251 (a)) on any one of certain grounds specified in § 202 (n).

Appellee, an alien, immigrated to this country from Bulgaria in 1913, and became eligible for old-age benefits in November 1955. In July 1956 he was deported pursuant to § 241 (a) (6) (C) (i) of the Immigration and Nationality Act for having been a member of the Communist Party from 1933 to 1939. This being one of the benefit-termination deportation grounds specified in § 202 (n), appellee’s benefits were terminated soon thereafter, and notice of the termination was given to his wife, [606]*606who had remained in this country.2 Upon his failure to obtain administrative reversal of the decision, appellee commenced this action in the District Court, pursuant to § 205 (g) of the Social Security Act (53 Stat. 1370, as amended, 42 U. S. C. §405 (g)), to secure judicial review.3 On cross-motions for summary judgment, the District Court ruled for appellee, holding § 202 (n) unconstitutional- under the Due Process Clause of the Fifth Amendment in that it deprived appellee of an accrued property right. 169 F. Supp. 922. The Secretary prosecuted an appeal to this Court, and, subject to a jurisdictional question hereinafter discussed, we set the case down for plenary hearing. 360 U. S. 915.

The preliminary jurisdictional question is whether 28 U. S. C. § 2282 is applicable, and therefore required that the case be heard below before three judges, rather than by a single judge, as it was. Section 2282 forbids the issuance, except by a three-judge District Court, of [607]*607any “interlocutory or permanent injunction restraining the enforcement, operation or execution of any Act of Congress for repugnance to the Constitution . . . Neither party requested a three-judge court below, and in this Court both parties argue the inapplicability of § 2282. If the provision applies, we cannot reach the merits, but must vacate the judgment below and remand the case for consideration by a three-judge District Court. See Federal Housing Administration v. The Darlington, Inc., 352 U. S. 977.

Under the decisions of this Court, this § 205 (g) action could, and did, draw in question the constitutionality of § 202 (n). See, e. g., Anniston Mfg. Co. v. Davis, 301 U. S. 337, 345-346. However, the action did no more. It did not seek affirmatively to interdict the operation of a statutory scheme. A judgment for appellee would not put the operation of a federal statute under the restraint of an equity decree; indeed, apart from its effect under the doctrine of stare decisis, it would have ño other result than to require the payment of appellee’s benefits. In these circumstances we think that what was said in Garment Workers v. Donnelly Co., 304 U. S. 243, where this Court dealt with an analogous situation, is controlling here:

“[The predecessor of § 2282] does not provide for a case where the validity of an Act of Congress is merely drawn in question, albeit that question be decided, but only for a case where there is an application for an interlocutory or permanent injunction to restrain the enforcement of an Act of Congress. . . . Had Congress intended the provision ... , for three judges and direct appeal, to apply whenever a question of the validity of an Act of Congress became involved, Congress would naturally have used the familiar phrase 'drawn in question’ . . . .” Id., at 250.

[608]*608We hold that jurisdiction over the action was properly-exercised by the District Court, and therefore reach the merits.

I.

We think that the District Court erred in holding that § 202 (n) deprived appellee of an “accrued property right.” 169 F. Supp., at 934. Appellee’s right to Social Security benefits cannot properly be considered to have been of that order.

The general purposes underlying the Social Security Act were expounded by Mr. Justice Cardozo in Helvering v. Davis, 301 U. S. 619, 640-645. The issue here, however, requires some inquiry into the statutory scheme' by which those purposes are sought to be achieved. Payments under the Act are based upon the wage earner’s record of earnings in employment or self-employment covered by the Act, and take the form of old-age insurance and disability insurance benefits inuring to the wage earner (known as the “primary beneficiary”), and of benefits, including survivor benefits, payable to named dependents (“secondary beneficiaries”) of a wage earner. Broadly speaking, eligibility for benefits depends on satisfying statutory conditions as to (1) employment in covered employment or self-employment (see § 210 (a), 42 U. S. C. § 410 (a)); (2) the requisite number of “quarters of coverage” — i. e., three-month periods during which not less than a stated sum was earned — the number depending generally on age (see §§ 213-215, 42 U. S. C. §§413-415); and (3) attainment of the retirement age (see § 216 (a), 42 U. S. C. §416 (a)). § 202 (a), 42 U. S. C. § 402 (a).4 Entitlement to benefits once gained, [609]*609is partially or totally lost if the beneficiary earns more than a stated annual sum, unless he or she is at least 72 years old. § 203 (b), (e), 42 U. S. C. § 403 (b), (e). Of special importance in this case is the fact that eligibility for benefits, and the amount of such benefits, do not in any true sense depend on contribution to the program through the payment of taxes, but rather on the earnings record of the primary beneficiary.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Hubbard (Slip Opinion)
2021 Ohio 3710 (Ohio Supreme Court, 2021)
United States v. Bannister
786 F. Supp. 2d 617 (E.D. New York, 2011)
Pucci v. Michigan Supreme Court
601 F. Supp. 2d 886 (E.D. Michigan, 2009)
Doe v. Bredesen
507 F.3d 998 (Sixth Circuit, 2007)
Commonwealth v. Derk
895 A.2d 622 (Superior Court of Pennsylvania, 2006)
State v. Poshka
109 P.3d 113 (Court of Appeals of Arizona, 2005)
In Re Alva
92 P.3d 311 (California Supreme Court, 2004)
Sas & Fox Tribe of Mississippi in Iowa v. United States
264 F. Supp. 2d 830 (N.D. Iowa, 2003)
Terry Ex Rel. Terry v. Hill
232 F. Supp. 2d 934 (E.D. Arkansas, 2002)
People v. Ansell
24 P.3d 1174 (California Supreme Court, 2001)
Kwon v. Comfort
174 F. Supp. 2d 1141 (D. Colorado, 2001)
Stoianoff v. Commissioner of Motor Vehicles
107 F. Supp. 2d 439 (S.D. New York, 2000)
Ziegler v. Ziegler
28 F. Supp. 2d 601 (E.D. Washington, 1998)
Smith v. Palmer
24 F. Supp. 2d 955 (N.D. Iowa, 1998)
Mitchell v. Apfel
19 F. Supp. 2d 523 (W.D. North Carolina, 1998)
Town of Hinesburg v. Dunkling
711 A.2d 1163 (Supreme Court of Vermont, 1998)
Wilson v. Philadelphia Detention Center
986 F. Supp. 282 (E.D. Pennsylvania, 1997)
Slugocki v. US BY AND THROUGH DEPT. OF LABOR
988 F. Supp. 1443 (S.D. Florida, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
363 U.S. 603, 80 S. Ct. 1367, 4 L. Ed. 2d 1435, 1960 U.S. LEXIS 917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flemming-v-nestor-scotus-1960.