Public Institutions and Procedural Due Process

Public Institutions Overview

  • Class discusses the federal response to inefficiency in government

News Highlights

  • The Trump administration is planning large-scale layoffs for federal workers as stated in a memo.

  • Gail Schecter, a federal worker and CUNY Law alumna, has been interviewed regarding these layoffs (available on CNN).

Background on Federal Government Changes

  • The federal government has been seen as costly, inefficient, and in substantial debt.

  • Public perception indicates dissatisfaction with how tax dollars are utilized, often benefiting radical interest groups rather than citizens.

  • The 2024 election reflected voter support for President Trump's reform agenda, focused on improving government efficiency.

  • The Executive Order on Workforce Optimization was signed on February 11, 2025, initiating a significant reform of the federal bureaucracy.

Legal Considerations: Schechter v. Collins

  • Case Reference:SCHECHTER v. COLLINS, 1:25-cv-00551 (D.D.C.)

  • Context: Gail Schechter’s complaint cites violations of the Fifth Amendment and the Administrative Procedures Act (APA).

  • Emphasis on the necessity for due process in governmental actions that affect individual rights.

Due Process Overview

  • Procedural Due Process: Requirement that the government must follow established rules and procedures when it takes action that affects an individual's rights.

  • Triggers:

    • Individualized state action

    • Affecting a cognizable liberty or property interest

Sources of Agency Adjudication Procedures

  • Statutes, agency rules, and the Due Process Clause of the U.S. Constitution are key frameworks.

  • Governmental actions can be assessed through these lenses to evaluate fairness in procedures.

Important Cases on Due Process

  1. Goldberg v. Kelly (1970)

    • Issue: Requirement of a hearing prior to termination of welfare benefits.

    • Rationale: Individualized state action affecting a recognized property interest requires due process protections involving an impartial tribunal and a chance to contest the proposed action.

  2. Board of Regents v. Roth (1972)

    • Focuses on whether procedural due process was required in the termination of a public employee's contract.

  3. Goss v. Lopez (1975)

    • Protected students facing school suspension, establishing the need for notice and an opportunity to be heard.

    • Important Takeaway: Even temporary suspensions must respect due process rights, establishing a precedent for educational and disciplinary proceedings.

Key Procedural Rights Established by the Court

  • Right to an unbiased tribunal.

  • Right to notice and explanation prior to action.

  • Opportunity to present evidence and witnesses.

  • Access to evidence being used against an individual.

  • Right to counsel (not funded by the state in civil cases).

  • Right to a maintained record and a reasoned decision.

Summary of Due Process Requirements

  • Cognizable Interests:

    • Liberty interests involve freedom from bodily restraint and the rights associated with personal choices (as per Meyer v. Nebraska).

    • Property interests require more than a desire; individuals must have a legitimate claim to entitlement.

Conclusion: Understanding Procedural Due Process

  • Procedural due process is critical when individual rights are at stake; it requires fair and consistent procedures in government actions impacting liberty and property interests.

  • The classic legal interpretations, as shown in landmark cases, set significant precedents for ensuring individual rights within the administrative framework of the government.

  • Use these notes as a foundation for understanding the complexities in public administration and individual rights as they relate to procedural due process.