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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Q: was pending on, AEDPA’s effective date. See Lindh v. Murphy, 521 U.S. 320, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997); United States v. Skandier, 125 F.3d 178 (3d Cir.1997). “Because the District Court relied entirely upon the state court record and did not hold an evidentiary hearing, our review [of the District Court’s decision] is plenary.” Hassine v. Zimmerman, 160 F.3d 941, 947 (3d Cir.1998) (citing Johnson v. Rosemeyer, 117 F.3d 104, 109 (3d Cir.1997)). Like the District Court, we must presume all state court factual findings tó be correct, 28 U.S.C. § 2254(d), but we “exercise plenary review over state court conclusions on mixed questions of law and fact and pure issues of law.” Hassine, 160 F.3d at 947; see Miller v. Fenton, 474 U.S. 104, 105, 106 S.Ct. 445, 88 L.Ed.2d 405 (1985)(<HOLDING>); Sumner v. Mata, 455 U.S. 591, 597, 102 S.Ct. 
 Holding statements: (A) holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review (B) holding that the jones act provides an independent basis for subject matter jurisdiction (C) holding that subject matter questions may be but are not necessarily decided before questions of personal jurisdiction (D) holding that petitions for confirmation or vacatur must show how the ultimate disposition of the matter by the federal court necessarily depends on resolution of a substantial question of federal law (E) holding that while subsidiary factual questions are subject to  2254ds presumption the ultimate legal question of confessions constitutional voluntariness is a matter for independent federal determination

A: holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review
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Q: task of resolving the dispute over the meaning of [a statute] ... begins where all such inquiries must begin: with the language of the statute itself.”). Section 2412(d)(2)(A)(ii) states in part that “attorney fees shall not be awarded in excess of $125 per hour unless the court determines that an increase in the cost of living ... justifies a higher fee.” (emphasis added). On its face, § 2412(d)(2)(A)(ii) generally references “the cost of living” not a local/regional cost-of-living. Id. (emphasis added). See Conn. Nat. Bank v. Germain, 503 U.S. 249, 253-54, 112 S.Ct. 1146, 117 L.Ed.2d 391 (1992) (“[CJourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”) (citations omitted). Cf. Jones v. Espy, 10 F.3d 690, 692 (9th Cir.1993) (<HOLDING>) (citation omitted). This choice of language 
 Holding statements: (A) holding that legal services attorney lacked standing to challenge state court judges alleged retaliation against clients represented by legal services for using legal services relying upon article iii and younger comity (B) holding that where a conflict between state and federal law is alleged it must be reasonable to conclude that congress would have intended to preclude the state law in question since it would make little sense to preempt state law in order to serve the purposes underlying federal legislation if congress itself would not require or admit of preemption of state authority (C) holding that the more general cpiu for all items applied because if congress had meant to permit upward adjustments based on the increased cost of legal services it would have done so with greater specificity and clarity (D) holding that an attorneys services were personal services rendered or labor done under the predecessor statute to section 38001 (E) holding that based on the statutes purpose and its legislative history the legislature would have included specific language regarding drug rehabilitation if it had meant to include it

A: holding that legal services attorney lacked standing to challenge state court judges alleged retaliation against clients represented by legal services for using legal services relying upon article iii and younger comity
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Q: court’s decision did not address it. [¶ 12] In Matter of Boschee, 347 N.W.2d 331, 334-35, we said in appeals from administrative agency decisions, courts may consider only those grounds identified in specifications of error under N.D.C.C. § 28-32-15, and the grounds specified must come within the provisions of N.D.C.C. § 28-32-19. See Dodds v. North Dakota State Highway Comm’r, 354 N.W.2d 165, 169 n. 4 (N.D.1984); Cf., Application of Otter Tail Power Co., 354 N.W.2d 701, 702-04 (N.D.1984) (stating under certain circumstances constitutional issue may be raised for the first time on appeal of administrative agency decision). Clyde did not raise this issue in his specifications of error to the district court. Vetter v. NoHh Dakota Workers Comp. Bureau, 554 N.W.2d 451, 453-54 (N.D.1996) (<HOLDING>). Moreover, he has not postured his argument in 
 Holding statements: (A) holding that the power of any administrative agency to reconsider its final decision exists only where the statutory provisions creating the agency indicate a legislative intent to permit the agency to carry into effect such power (B) holding that because the scope of review of agency matters is confined to the administrative record discovery in the form of depositions from agency officials was improper and irrelevant (C) holding that a party who had demonstrated an injury sufficient to confer standing to appeal from an agency decision could raise  any relevant question of law in respect of the order of the agency (D) holding specifications of error in appeal from administrative agency decision must be reasonably specific and calculated to identify the matters truly at issue sufficient to fairly apprise the agency other parties and the court of the particular issues claimed (E) holding that the court must find that the agency entirely failed to consider an important aspect of the problem offered an explanation for its decision that runs counter to the evidence before the agency or the decision is so implausible that it could not be ascribed to a difference in view or the product of agency expertise

A:
holding that the power of any administrative agency to reconsider its final decision exists only where the statutory provisions creating the agency indicate a legislative intent to permit the agency to carry into effect such power
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