The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Granted: Monday, April 25, 2005
Argument: Wednesday, November 2, 2005
Decision: Wednesday, December 7, 2005
Issues: Judicial Power, Untimely Filing

Advocates

Lisa S. Blatt (argued the cause for Respondents)
Brian Wolfman (argued the cause for Petitioner)

Facts of the Case

In 2002 the U.S. began withholding a portion of Lockhart's Social Security payments to offset his debt on federally reinsured student loans that were more than 10 years overdue. Lockhart sued, arguing the offset was barred by the 10-year statute of limitations of the Debt Collection Act (1982). The district court dismissed Lockhart's suit, and the Ninth Circuit affirmed.

Question

Could the United States offset Social Security benefits to collect a student loan debt that had been outstanding for over 10 years?

Conclusion

Yes. In a unanimous opinion delivered by Justice Sandra Day O'Connor, the Court held that the Debt Collection Improvement Act made Social Security benefits subject to offset and that the Higher Education Technical Amendments removed the 10-year limit that would otherwise bar the offset.

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 9 votes for United States, 0 vote(s) against
Legal Provision: 31 U.S.C. 3716
Voted with the majority
Stevens
Voted with the majority
Souter
Voted with the majority
Ginsburg
Voted with the majority
Breyer
Wrote the majority opinion
O'Connor
Voted with the majority
Kennedy
Voted with the majority
Roberts
Wrote a regular concurrence
Scalia
Voted with the majority
Thomas
Full Opinion by Justice Sandra Day O'Connor

Cite this page

The Oyez Project, Lockhart v. United States, 546 U.S. ___ (2005),
available at: <http://www.oyez.org/cases/2000-2009/2005/2005_04_881/>
(last visited ).