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Flemming v. Nestor (view source)

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'''Flemming v. Nestor''' is a ~~1960~~ [[Supreme Court]] ~~case in which the court ruled~~ that there is no ~~legal~~ right to money paid into [[Social Security]].<ref>[https://www.cato.org/publications/commentary/is-there-right-social-security Is There a Right to Social Security?]</ref>

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'''''Flemming v. Nestor''''', 404 U.S. 78, 92 S. Ct. 254 (1971), is a [[Supreme Court]] decision ruling that there is no contractual right to money paid into [[Social Security]].<ref>[https://www.cato.org/publications/commentary/is-there-right-social-security Is There a Right to Social Security?]</ref>

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In ''Flemming v. Nestor'', the Court held that the old-age benefits of an alien, deported for cause under the Immigration and Nationality Act, could be lawfully terminated without violating the Due Process Clause of the [[Fifth Amendment]]. There the Supreme Court rationalized that the non-contractual interest of an employee covered by the Social Security Act cannot be analogized to that of the holder of an annuity, where the right to benefits is based on a contractual duty to pay premiums, and further, that to hold otherwise would render the law too inflexible to permit necessary adjustment to ever-changing conditions. There were three dissenting opinions, by Justices Black, Douglas and Brennan each, who insisted that the alien had a property right in his old-age benefits and to deprive him of them was a violation of due process. But the Court majority rejected that contractual view of Social Security.

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A decade later a district court held that ''Nestor'' was no longer good law, and the Supreme Court then reversed. ''See'' ''Belcher v. Richardson'', 317 F. Supp. 1294, 1297-98 (S.D. W. Va. 1970), ''rev'd'', 404 U.S. 78, 92 S. Ct. 254 (1971).

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