Court of Appeals for the Ninth Circuit February 22, 2002, No. 99-56984 (Eunique v. Powell)

lead-opinion

Opinion by Judge FERNANDEZ; Dissent by Judge KLEINFELD

FERNANDEZ, Circuit Judge.

Eudene Eunique was denied a passport because she was severely in arrears on her child support payments. She brought an action for declaratory and injunctive relief on the theory that the statute and regulation authorizing that denial were unconstitutional. See 42 U.S.C. § 652(k); 22 C.F.R. § 51.70(a)(8).