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Why does this question get categorized as a flaw question rather than a weaken question? I think a lot of people might be inadvertently primed to look for an answer that descriptively weakens the argument rather than substantively weakens the argument, and are thus drawn to D---which otherwise makes no sense, since it's descriptively inaccurate. It would be an interesting experiment to recategorize this question and then see if the incidence of selecting "D" goes down.
The argument for retaking is strong, and stronger if you're seriously interested in high-caliber schools that are not Harvard and Yale. Here's my reasoning.
Your score qualifies you for admission at any US law school. The advantage of a higher score is two-fold:1) It increases your likelihood of admission (applies for all schools, including HY), and 2) it increases the amount of money they'll give you. At your score range, each additional point could be as much as $10,000 in merit aid, say people I know who regularly counsel people on admission to top five law schools. But Harvard and Yale are an exception to the second advantage, as to my understanding (and I admit that I have not verified this myself), they only give need-based aid, not merit aid.
Would they pull a public test, though? I assume they would pull a previous February test. That's what undisclosed tests are for.