Solitary Passages Questions - - Question 16

According to the passage, which one of the following best describes the relationship between a judicial holding and a...

mayapierce October 1, 2019

Why not A?

While I understand how E can be correct, why is A not correct as well? Specifically referencing lines 36-42 in reference to holding?

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Irina October 1, 2019

@mayapierce,

The decision is comprised of holding and dicta. The lines that you reference tell us that judges are not "bound by the original perception of what is [holding]," meaning they can redefine the holding n subsequent cases to justify their decision using a different set of legal rules, but they cannot ignore the holding. In that sense, we cannot say that the holding is entirely nonbinding, but there is more flexibility as to how it can be interpreted.

Andrew December 22, 2020

@irina, can you please explain why they cannot ignore the holding?