In the case of Jimenez et al. v. Weinberger, Secretary of Health, Education, and Welfare in 1973, the Supreme Court ruled that a provision under Social Security law denying disability insurance benefits to disabled individuals who were not insured at the time they became disabled was unconstitutional. The plaintiffs argued that this provision violated their rights to equal protection under the Fifth Amendment as it discriminated against them based on their employment status when they became disabled. The court agreed with this argument and found that there was no rational basis for such discrimination since all workers contribute to Social Security regardless of whether or not they are employed at any given moment in time.

In the dissenting opinion for Jimenez et al. v. Weinberger, Justice Douglas argued that the majority's decision was a violation of equal protection under the law as guaranteed by the Fifth Amendment to the Constitution. He contended that denying Social Security benefits to illegitimate children based on their parents' marital status was discriminatory and unjustifiable. According to him, such discrimination against innocent children who had no control over their birth circumstances was not only unfair but also contrary to societal norms and values which aim at protecting all children regardless of their legitimacy status. Furthermore, he pointed out that this ruling would have far-reaching implications affecting millions of illegitimate children across America who depend on these benefits for survival and well-being.