Flemming v. Nestor
| Flemming v. Nestor | |
|---|---|
| Argued February 24, 1960 Decided June 20, 1960 | |
| Full case name | Arthur Sherwood Flemming, Secretary of Health, Education, and Welfare v. Ephram Nestor |
| Citations | 363 U.S. 603 (more) |
| Holding | |
| Although this action drew into question the constitutionality of 202(n), it did not involve an injunction or otherwise interdict the operation of the statutory scheme; 28 U.S.C. § 2282 was not applicable; and jurisdiction over the action was properly exercised by the single-judge District Court. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Harlan, joined by Frankfurter, Clark, Whittaker, Stewart |
| Dissent | Black |
| Dissent | Douglas |
| Dissent | Brennan, joined by Warren, Douglas |
| Laws applied | |
| U.S. Const. amend. V | |
English Wikisource has original text related to this article:
Flemming v. Nestor, 363 U.S. 603 (1960), was a United States Supreme Court case in which the Court upheld the constitutionality of Section 1104 of the 1935 Social Security Act. In this Section, Congress reserved to itself the power to amend and revise the schedule of benefits. The Court rejected that Social Security is a system of 'accrued property rights' and held that those who pay into the system have no contractual right to receive what they have paid into it.