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Flemming v. Nestor

United States Supreme Court
363 U.S. 603 (1960)


Ephram Nestor (plaintiff) emigrated from Bulgaria in 1913. Nestor worked in the United States from 1936 to 1955, during which time Nestor and his employers made regular payments to a federal old-age-and-survivors-insurance trust fund. Nestor became eligible for old-age benefits in 1955. In July 1956, Nestor was deported for having been a member of the Communist Party from 1933 to 1939. Pursuant to section 202(n) of the Social Security Act (Act), 42 U.S.C. § 301, et seq., Nestor’s old-age-insurance benefits were terminated because he had been deported for membership in the Communist Party. Nestor challenged the termination of his old-age-insurance benefits. The United States District Court for the District of Columbia held that section 202(n) of the Act was unconstitutional because it deprived Nestor of an accrued property right. Arthur Flemming (defendant), the U.S. secretary of health, education, and welfare, appealed directly to the United States Supreme Court.

Rule of Law


Holding and Reasoning (Harlan, J.)

Dissent (Black, J.)

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