Thurgood Marshall

“ Of course, as the Court says, Congress may 'fix the levels of benefits under the Act or the conditions upon which they may be paid.' But once Congress has fixed that level and those conditions, and a worker has contributed his tax in accord with the law, may Congress unilaterally modify the benefits in a way that defeats the expectations of beneficiaries and prospective beneficiaries? ”

“ Starting from the assumptions that federal social security insurance, like welfare assistance, is a 'public benefit' in which the beneficiaries have neither contract nor property interests, and that statutory classifications affecting the basic needs of individuals are viewed no differently under the Constitution from classifications in the area of business regulation, the Court concludes that the classification here has a reasonable basis and is consistent with the Fifth Amendment. ”

“ Judges should not ignore what everyone knows, namely that legislation regulating business cannot be equated with legislation dealing with destitute, disabled, or elderly individuals. Thus, in assessing the lawfulness of the special disadvantages suffered here by workmen's compensation beneficiaries, the Court should consider the individual interests at stake. Federal disability payments, even when supplemented by other forms of disability compensation, provide families of disabled persons with the basic means for getting by. ”

“ Workmen's compensation programs serve precisely the same function as other forms of disability insurance and tort damage suits. The payments assist workers in the same way, and satisfy the same need. Indeed, in appellee's home State of West Virginia, as in most States, workmen's compensation is by statute the complete functional equivalent of tort liability, since employers who participate in workmen's compensation cannot be sued for tort damages by disabled employees. ”

“ Under the challenged offset provision, federal social security disability benefits are reduced only for those persons whose disability entitles them to workmen's compensation. Other persons who receive other kinds of disability compensation-for example, private insurance benefits or tort damages-are allowed the full amount of federal social security benefits. ”

“ I continue to believe that the 'rational basis' test used by this Court in reviewing business regulation has no place when the Court reviews legislation providing fundamental services or distributing government funds to provide for basic human needs. ”

“ But the question here is not whether Congress has the power to prevent 'duplicative' payments that might exceed previous take-home pay and might thereby discourage disabled workers from returning to work. [5] The issue is whether Congress may single out for the purpose of applying the offset only those who are receiving workmen's compensation, and exclude those who are receiving similar supplemental disability compensation from other sources. A concern about excessive combined benefits and 'rehabilitation' does not explain that distinction. ”