In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[Q]: of priorities for economic development” — were the centers of power in many areas of importance. Harry Scheiber, Federalism and the American Economic Order, 1789-1910, Law and Soc’y (Fall 1975) 57, 97. See generally id. at 86-100 (discussing diffusion of power and rnment’s contentions here ... would bid fair to convert congressional authority under the Commerce Clause to a general police power of the sort retained by the States.”); id. at 578, 115 S.Ct. 1624 (“[T]he federal balance is too essential a part qf our constitutional structure and plays too vital a role in securing freedom for us to admit inability to intervene when one or the other level of Government has tipped the scales too far.”); New York v. United States, 505 U.S. 144, 112 S.Ct. 2408, 120 L.Ed.2d 120 (1992) (<HOLDING>); id. at 178, 112 S.Ct. 2408 (“No matter how 
 Holding statements: (A) holding that despite 1985 amendments minimum jurisdictional amount remains 50000 (B) holding that the protect act amendments to the standard of review apply retroactively (C) holding that an unconstitutional policy may be inferred from an officials single decision or act (D) holding that an unconstitutional act of congress has no legal effect (E) holding unconstitutional taketitle provision of the lowlevel radioactive waste policy amendments act of 1985
[A]: (E)


[Q]: as here, the recalcitrant witness is at liberty pending appeal. In so holding, we join all of the circuits which have squarely addressed the issue. See In re Grand Jury Matter, 906 F.2d 78, 82-83 (3d Cir.1990), cert. denied sub nom. Backiel v. United States, — U.S. -, 111 S.Ct. 509, 112 L.Ed.2d 521 (1990); In re Sealed Case, 829 F.2d 189 (D.C.Cir.1987); In re Grand Jury Proceedings, 785 F.2d 629, 631 n. 4 (8th Cir.1986); United States v. Johnson, 736 F.2d 358, 361-62 n. 5 (6th Cir.1984); In re Witness Before Special October 1981 Grand Jury, 722 F.2d 349, 353 (7th Cir.1983); In re Rosahn, 671 F.2d 690, 694 (2d Cir.1982); Brown v. United States, 465 F.2d 371, 372 (9th Cir.1972). But see In re Berry, 521 F.2d 179 (10th Cir.), cert. denied, 423 U.S. 928, 96 S.Ct. 276, 46 L.Ed.2d 256 (1975) (<HOLDING>). The foregoing cases have noted that the 
 Holding statements: (A) holding that the deadmans statute should not be extended by judicial construction to cases not clearly within its terms (B) recognizing that denying outofeell exercise for extended periods may constitute cruel and unusual punishment (C) holding that it may not (D) holding that the statutes 30 day provision is mandatory and may not be extended and dicta that it may not be extended by release from incarceration (E) holding that statutory habeas jurisdiction extended to guantanamo
[A]: (D)


[Q]: the hallmarks of traditional legislation.” Bogan, 523 U.S. at 54-56, 118 S.Ct. 966. Such traditional legislation includes “policymaking decisions] implicating budgetary priories ... and the services the [government] provides to its constituents.” Id. Legislative immunity applies to acts within the “legislative sphere” even w sparse record, the Court cannot state as a matter of law that Defendants are entitled to legislative immunity. See Phillips v. Town of Brookhaven, 216 A.D.2d 374, 375, 628 N.Y.S.2d 723 (2d Dep’t 1995) (stating that “[i]t cannot be determined on the instant record that the individual defendants were acting exclusively in a legislative capacity, which is required for immunity to attach”); see also Moxley v. Town of Walkersville, 601 F.Supp.2d 648, 662 (D.Md.2009) (<HOLDING>). This ruling does not prevent Defendants from 
 Holding statements: (A) holding that the burden is on the defendants to establish the existence of absolute legislative immunity (B) holding that legislative immunity does not depend on motivation for legislative action even if the motive was to impinge on plaintiffs free speech rights (C) holding that the doctrine of legislative immunity is not uniquely asserted on motions to dismiss (D) recognizing the authority of the district court to dismiss an action pursuant to  1915d based on the doctrine of qualified immunity (E) holding that the federal government does not waive its immunity where there is no private counterpart even when uniquely governmental functions are involved
[A]:
(C)