Whether the principles of due process prohibit the Ninth Circuit Court's consideration of a new argument raised by the State Defendants' on appeal that prejudiced petitioner's case

QUESTIONS PRESENTED . The questions presented are: 1. Whether the principles of due process prohibit the Ninth Circuit Court’s consideration of a new argument raised by the State Defendants’ on appeal that prejudiced petitioner’s case. 2. Whether the State of California’s challenged regulation deprives unwed fathers of the equal protection of the laws as required by the fourteenth amendment by creating disparate procedural processes to obtain public benefits when both parents share equal custody. . 3. Whether a regulation that automatically denies eligible unwed fathers CalWORKs public benefits through county application, when the mother has applied first, violates substantive due process by denying eligible applicants access to public benefits to which they have a protected property interest without adequate due process provided by an expedient, appropriate, administrative deprivation hearing pursuant the test in Mathews v. Eldridge. . i