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Eunique v. Powell
''Eunique v. Powell'' 281 F3d 940 (9th Circuit, Sep 2002, Feb 2002 opinion withdrawn),〔(Open Jurist case webpage ) Retrieved 2011-05-22.〕challenging passport denial for child support arrearage under 42 USC 652(k) and enacted as part of the Personal Responsibility and Work Opportunity Act in 1996, is the second cornerstone of the Court's thinking on passport denial/revocation under this law.
==Case==
Eudene Eunique, a lawyer, applied for a passport in 1998 for business and to visit a sister in Mexico. She was denied because she owed more than $5,000 in child support. Fifteen days later, she brought a pro se action for declaratory and injunctive relief on the theory that 42 U.S.C. § 652(k); 22 C.F.R. § 51.70(a)(8) unconstitutionally limited her Fifth Amendment right to travel. Eunique's arguments were narrowly drawn: essentially, that there is an insufficient connection between her breach of the duty to pay for the support of her children and the government’s interference with her right to international travel. She did not seek monetary damages.
The district considered exhaustion, ripeness and constitutionality in its opinion. It granted a summary judgment against her, ruling that administrative remedies were not available to Eunique and thus she was not required to exhaust what was not available. Concerning ripeness, it ruled that since Eunique was only challenging the constitutionality of 42 U.S.C. § 652(k); 22 C.F.R. § 51.70(a)(8) and the issues in the case were purely legal, they were fit for review. Because Eunique had already been denied a passport, she had suffered sufficient hardship to warrant judicial review. On constitutionality, it ruled that her right to travel was not a fundamental right. It held that enforcing child-support orders was a legitimate and important state interest, and that the law need not be narrowly tailored to achieve this purpose. Eunique appealed.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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