Story Published:
Dec 7, 2005 at 6:28 AM PST
Story Updated:
Aug 31, 2006 at 1:09 AM PST
WASHINGTON, D.C. - The Supreme Court ruled unanimously Wednesday
that the government can seize a person's Social Security benefits
to pay old student loans.
Retiring Justice Sandra Day O'Connor wrote the decision that
went against a disabled man, James Lockhart of Seattle, who had
sued claiming he needed all of his $874 monthly check to pay for
food and medication.
His government benefits had been cut by 15 percent to cover
debts he incurred for college in the 1980s.
Lockhart also lost at the San Francisco-based 9th U.S. Circuit
Court of Appeals, which said that Congress had eliminated a 10-year
time limit on the government's right to seek repayment on defaulted
student loans by seizing payments, including Social Security, to
individuals.
Deepak Gupta, an attorney with Public Citizen Litigation Group,
the public interest law firm founded by Ralph Nader, described
Lockhart as an old, disabled man living in public housing and
barely getting by on his Social Security payments. He has
significant medical expenses following double-bypass heart surgery
- including six different prescriptions - and because of diabetes.
Lockhart, 67, now receives old age benefits instead of
disability payments. Public Citizen represented him in the appeal.
The Bush administration had maintained that the case was
important because outstanding student loans total about $33
billion, which includes about $7 billion in delinquent debt. Of the
delinquent loans, about half are over 10 years old, government
lawyers have said.
Justices were called on to clarify federal laws that sent
conflicting messages about the collection of loans that are more
than a decade old.
In a concurring opinion, Justice Antonin Scalia said that
Congress "unambiguously authorized, without exception, the
collection of 10-year-old student loan debt ... in doing so, it
flatly contracted and thereby effectively repealed part of the
Social Security Act."
He complained that Congress in passing laws often wrongly claims
they these acts cannot be changed in the future. Such an attempt
"does no favor to the members of Congress, and to those who assist
in drafting their legislation," Scalia wrote.
Groups like the AARP and the National Consumer Law Center had
urged the court to safeguard Social Security benefits in the
Lockhart case, arguing they "are critical in preserving a measure
of financial independence for older and disabled workers."
Lockhart, a former postal worker, has heart disease, diabetes
and other health problems. He has about $77,000 in student loan
debt.
O'Connor's ruling, a brief 4½ pages, will likely be one of her
last. She is retiring after 24 years.
Also Wednesday, new Chief Justice John Roberts announced his
first ruling, in a case involving legal fees. The 9-0 decision
backed insurance companies, which argued that they should not have
to pay legal fees of a New Mexico couple in a case that was
shuffled from state court to federal court, then back to state
court.
The student loan case is Lockhart v. U.S., 04-881, and the
lawyer fees case is Martin v. Franklin Capital Corp., 04-1140.