In the second paragraph, the author asks the question, "...where, then, was the state action that is necessary for in...

Mida on November 16, 2019

please explain

please explain

1 Reply

Ben on November 17, 2019

Hi Maonuo, thanks for the question!

The entire passage is focused on the issue that the Shelley Court applied the Fourteenth Amendment in a case where, perhaps, it should not have been. It is made clear in the passage that this amendment has been applied to state actors, but not individuals.

Lines 19-22 clearly ask where the state's involvement was in order to apply the Fourteenth Amendment to a matter that involved only private contracts. This is why answer choice B is correct. It brings up the issue/confusion with the court's decision to use this amendment to a case in which state actors were not involved.

I hope this helped. Please let me know if you have any other questions!