Flemming v. Nestor

Ephram Nestor (plaintiff), an immigrant who paid into Social Security while working in the U.S. from 1936 to 1955, became eligible for old-age benefits in 1955 but was deported in 1956 for past membership in the Communist Party. Under section 202(n) of the Social Security Act, his benefits were terminated because of the deportation. The district court held the provision unconstitutional as a deprivation of an accrued property right, and Arthur Flemming (defendant), the Secretary of Health, Education, and Welfare, appealed directly to the Supreme Court.