Albert Quintanar, Plaintiff-appellant, v. Louis W. Sullivan, Secretary of Health and Human Services,m.d., Defendant-appellee, 947 F.2d 950 (9th Cir. 1991)

MEMORANDUM^** 

Albert Quintanar appeals the district court's decision on summary judgment upholding the Secretary of Health and Human Services' termination of his benefits as a disabled child pursuant to section 202(d) of the Social Security Act (42 U.S.C. § 402(d)). He contends that section 202(d) violates the equal protection component of the fifth amendment due process clause because his right to benefits terminated upon his marriage to an individual entitled to supplemental security income benefits but would not have terminated had he married an individual entitled to disabled child's insurance benefits. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

As Quintanar acknowledges, the United States Supreme Court addressed and rejected his contention in Califano v. Jobst, 434 U.S. 47 (1977), in which the Court upheld the constitutionality of section 202(d) against an identical equal protection challenge. We are bound to follow Supreme Court precedent.

Accordingly, the judgment is AFFIRMED.