PT85.S1.Q6(P1) - Shelley v. Kraemer

james long

Hey y'all, I'm quite stuck on Q6 re: why E is better than D.

I chose E and cite my reasons as follows:
line 12-13: "the stated legal rationale ... has nevertheless proven be to be problematic."
line 57-61: "the legal rationale... thus failed to target the genuine problem ... "

to clarify, it was not the judicial decision that was controversial but the rationale given. the rationale given blamed judicial enforcement rather than the covenant's content, the latter of which the author believes is the genuine problem. the author offers up a new rationale: the covenant's racially restrictive content is the genuine problem. that is E.

in regards to D, i felt that it was operative in the author's argument to an extent: only in paragraph 3. if the question had read, "...most clearly operative in practice," i would've chosen E. but the main principle operating in the author's argument is that: in upholding a judicial decision, if the given rationale was controversial, a new one should take its place, which is what the author argued for in paragraphs 2, 4, and parts of 3 (1st two sentences).

Admin note: edited title; please use the format of "PT#.S#.Q#(P#) - [brief description of stimulus]"

Admin note: https://7sage.com/lsat_explanations/lsat-85-section-1-passage-1-passage/
https://7sage.com/lsat_explanations/lsat-85-section-1-passage-1-questions/