fusari steinberg argued decided january judgment district holding connecticut seated interview procedures assessing continuing eligibility unemployment compensation benefits violated due process vacated case remanded reconsideration light intervening changes connecticut law pp supp vacated remanded powell delivered opinion unanimous burger filed concurring opinion post donald wasik assistant attorney general connecticut argued cause appellant brief robert killian attorney general john creane appointment post argued cause appellees brief raymond kelly john dziamba dennis yeager richard larson stephen randels john levy jerry covington marttie louis thompson stephen gottlieb christopher brown lyonel jones filed brief national employment law project et al amici curiae urging affirmance stephen berzon stefan rosenzweig albert woll bernard kleiman filed brief ellenmae crow et al amici curiae justice powell delivered opinion case comes us appeal district determination connecticut seated interview procedures assessing continuing eligibility unemployment compensation benefits violate due process clause fourteenth amendment supp independent examination connecticut law reveals state significantly revised unemployment compensation system following district decision amendments designed ameliorate problems identified circumstances think inappropriate decide issues tendered parties therefore vacate decision district remand reconsideration light intervening changes connecticut law connecticut unemployment compensation benefits paid trust fund maintained employer contributions appellant fusari state commissioner labor administrator unemployment compensation act administers fund connecticut statute claimant first must file initiating claim establish general entitlement receive state unemployment compensation benefits stat rev thereafter claimant must report local unemployment compensation office biweekly demonstrate continued eligibility benefits preceding period claimant must submit forms swearing availability work reasonable efforts obtain employment period question also must submit form listing persons applied employment preceding two weeks upon receipt forms paying official may make routine inquiries serious question eligibility arises immediate payment made however forms responses questions raise suspicion possible disqualification claimant directed seated interview factfinding examiner thorough inquiry possible factors might render ineligible benefits although claimant bears burden establishing eligibility northrup administrator waskiewicz egan supp doubtful cases decided favor stat rev examiner favorable determination eligibility results immediate payment benefits however examiner concludes claimant ineligible payment made within days claimant receives written statement indicating reasons disqualification notifying right appeal benefits period question normally withheld pending resolution administrative appeal state policy sometimes honored breach pendency appeal affect claimant eligibility receive benefits subsequent periods appeal arises class action challenging legality procedures used determining continued eligibility benefits appellees asserted connecticut violated federal statutory requirement state procedures designed reasonably assure payment benefits due also connecticut procedures constitutionally defective failing provide pretermination hearing satisfying standards goldberg kelly appellees request convened hear matter district findings fact provide indication actual operation connecticut system findings reveal reversal rate appealed denials benefits significant ranging periods surveyed district also found significant delay required obtaining administrative review examiner determination intrastate appeals filed month december required days resolve average delay period exceeded days moreover determined december figures probably typical delays might encountered time periods district expressed serious reservations whether connecticut system satisfied due requirement federal law felt foreclosed ruling statutory issue however summary affirmance torres new york state dept labor district concluded torres distinguishable constitutional issue held connecticut procedures violated due process property interest denied inadequate hearing reviewable de novo unreasonable length time suggesting number alterations state system might raise operation constitutionally adequate level enjoined appellant denying unemployment benefits procedures without first providing constitutionally sufficient prior hearing appellant request district stayed injunction pending resolution appeal subsequently noted probable jurisdiction ii following notation probable jurisdiction connecticut legislature enacted major revisions procedures unemployment compensation claims determined pub act section one sections consideration appeal amended require examiners consider evidence presented person writing hearing provided purpose amending stat rev legislature also completely altered structure connecticut system administrative review substituting employment security appeals division unemployment compensation commission pub act supra amended statute provides creation staff referees review examiners decisions de novo referees appointed employment security board review three members appointed governor statute provides referee section shall consist referees board deems necessary prompt processing appeals hearings decisions performance duties imposed act appeals referees decisions taken employment security board review thereafter state courts amending stat rev new added amendments legislative history indicates connecticut legislature anticipated amendments significant impact speed fairness resolution contested claims legislators repeatedly characterized amendments true reform important consequence see proc may particular emphasis placed need improve state treatment administrative appeals recognized connecticut torpid system administrative appeal markedly inferior used proc may revision appellate system designed remedy problem words one member house bill sets unique system designed cut appellate backlog iii amendments connecticut statute became effective july pub act may alter significantly character system considered district although precise significance amendment unclear concern absence right confrontation may diminished requirement examiners base decisions evidence submitted person writing perhaps greater importance revision state system administrative appeal distinguishing torres determining connecticut system failed satisfy minimal requirements procedural due process district placed substantial reliance length time required obtain administrative review examiner decision amendments connecticut law designed remedy problem must review district judgment light presently existing connecticut law law effect time judgment rendered diffenderfer central baptist church hall beals alabama unable meaningfully assess issues appeal present record statutory constitutional questions significantly affected length period deprivation benefits basic thrust statutory due requirement timeliness see california human resources dept java determine record connecticut previous system often failed deliver benefits timely manner speculate new system might operate assuming federal statutory requirements satisfied prove equally difficult assess question procedural due process identification precise dictates due process requires consideration governmental function involved private interests affected official action cafeteria workers mcelroy goldberg kelly recognized boddie connecticut formality procedural requisites due process hearing vary depending upon importance interests involved nature subsequent proceedings context possible length wrongful deprivation unemployment benefits important factor assessing impact official action private interests cf arnett kennedy opinion powell white concurring part dissenting part prompt adequate administrative review provides opportunity consideration correction errors made initial eligibility determinations thus rapidity administrative review significant factor assessing sufficiency entire process record course provides indication promptness adequacy review new system unable therefore decide appeal merits judgment district vacated case remanded reconsideration light intervening changes connecticut law ordered footnotes stipulation facts indicates claimants subsequently denied benefits appeals pending app reveal frequency occurrence named plaintiffs filed valid initiating claim received benefits period time subsequently denied benefits following seated interview examiner concluded made insufficient efforts obtain employment district defined class present future unemployment benefits recipients whose benefits subject termination without prior hearing excepting persons whose benefits terminate due exhaustion entitlement supp due requirement one number conditions imposed state receipt federal assistance federal government plays cooperative role implementation state unemployment compensation programs bearing costs administration programs satisfy federal requirements determining state laws practices satisfy standards social security act stat amended secretary labor must certify state receive amount considers necessary proper efficient administration law fiscal year payment made addition imposing restrictions fiscal administration state unemployment compensation funds establishes specific procedural safeguards benefit claimants provides secretary labor shall make certification payment state unless finds law state approved secretary labor federal unemployment tax act includes provision methods administration including january methods relating establishment maintenance personnel standards merit basis except secretary labor shall exercise authority respect selection tenure office compensation individual employed accordance methods found secretary labor reasonably calculated insure full payment unemployment compensation due opportunity fair hearing impartial tribunal individuals whose claims unemployment compensation denied emphasis added action brought pursuant jurisdiction alleged jurisdiction rests period july june appealed denials reversed reversal rate july october remained approximately fell period january march director waterbury office testified reversal rate fallen may see app complete assessment operation connecticut system might obtained attempting determine overall error rate denials benefits district made finding point state connecticut entered reciprocal agreements enabling claimants moved connecticut rely wage credits earned elsewhere appeals denials interstate claims often require transfer information reciprocating state thus consume greater period time connecticut administrative appellate procedure slowest nation statistics reveal calendar year commission decided appeals within days period commission decided appeals within days resolved appeals within days filing cases see unemployment insurance statistics table appeals decisions state programs time lapse date filing appeal date decisions dept labor manpower administration record available us suggests department labor instrumental encouraging reform see proc may record silent whether district decision notation jurisdiction provided additional encouragement noted district factfinding examiners often telephoned employers obtain evidence relating validity benefit claims amendment appears designed eliminate practice connecticut prior system commissioners decided appeals appointed governor see stat rev legislative debates indicate held employment served basis see proc proc revising connecticut system legislators expressed desire insulate referee system influences partisan politics proc proc revised connecticut system provides referees must members state civil service pub act history amendments clearly indicates referees commitment processing appeals full time proc proc determination existence significance connecticut amendments unemployment compensation act largely unassisted counsel indeed initial examination briefs consideration oral argument led us believe system considered district remained substantially intact find difficult understand failure counsel fully inform amendments connecticut law district ruled summary affirmance torres new york state department labor precluded determination connecticut system failed satisfy federal due requirement appellees question ruling appellant maintains issue observed raines appeal brings whole case thus issues might provide alternative grounds support district judgment considered even though specifically presented principle governs appeals brought therefore jurisdiction decide point feel compelled statutory claim may dispositive considering difficult constitutional issue see rosado wyman harmon brucker see supra district interpreted summary affirmance torres indicate benefits due administratively deemed payable plausible reading evolution affirmance torres one endorse definition due requirement federal law leave little vitality java nullify congressional intention requiring prompt administrative provision unemployment benefits see reading summary affirmance torres broadest district heightened tension judgment considered disposition java narrower interpretation torres appropriate statutory requirement embodies notions timeliness accuracy administrative feasibility inevitably generate applications instance many factual distinctions district relied distinguish torres constitutional issue apply equally due question example delay resolving administrative appeals considerably greater connecticut new york system administrative appeals resolved average days see torres new york state dept labor supp sdny district observed torres apparently consider probable accuracy challenged procedure determining whether adequately assured delivery benefits due see undertake identify combination factors justify torres decision decided case summarily decline indicate district felt precluded undertaking precise analysis statutory issue felt empowered case chief justice burger concurring join opinion however may useful mention two points bear discussion first notes ante parties failed inform us district entered judgment connecticut legislature significantly changed unemployment compensation system agree failure difficult understand ibid disconcerting learn relevant important developments case entire come bench hear arguments even oral argument informed changes state law although parties filed briefs new statute passed connecticut legislature appears changed system least part expedite administrative appeals thereby treat claimants fairly see ante thus meeting part least basis attack system parties obligation inform system district enjoined changed however cryptic reference made change law appellees brief pages long notes change end brief appellees point appellees contending long delay seated interview administrative review decision withhold benefits aggravates defects contend exist seated interview appellees quote boddie connecticut said formality procedural requisites hearing vary depending upon importance interests involved nature subsequent proceedings brief appellees emphasis appellees given fact changes procedures may well effect subsequent proceedings ante explicitly advised changes occurred reference changes law actually gives impression effect negligible must rely counsel present issues fully fairly counsel continuing duty inform development may conceivably affect outcome second although agree wholeheartedly reasoned discussion tension summary affirmance torres new york state dept labor supp sdny opinion california human resources dept java ante might well go beyond make explicit implicit prior holdings gibson berryhill edelman jordan summarily affirm without opinion judgment district affirm judgment necessarily reasoning reached unexplicated summary affirmance settles issues parties read renunciation doctrines previously announced opinions full argument indeed upon fuller consideration issue plenary review hesitated discard rule line summary affirmances may appear established edelman jordan supra sniadach family finance harlan concurring black dissenting reynolds sims harlan dissenting quick use district opinion define judgment see note term harv rev note summary disposition appeals significance limited discretion theory limited precedent rev another common response summary affirmances judgments confusion actually mean see currie district constitutional litigation chi rev shanks book review harv rev note impact summary disposition practice appeals jurisdiction rutgers rev note supra