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.

Ex Input:
industry is constitutional.” Reply [# 29] at 3. Defendants maintain that “the Court may not rely on a federal regulation (9 C.F.R. § 2.126) or on the Guide to conclude that the Fourth Amendment right at issue is clearly established.” Id. at 4 (emphasis in original). Defendants further argue that even if the Court considered the regulation and the Guide, they do not limit the APHIS’ powers of inspection or set policy. Id. at 5. As an initial matter, the Court agrees with Plaintiffs that they are not challenging the statutory scheme governing the USDA’s warrantless searches, but rather are challenging the application of that statutory scheme by the Inspector Defendants on May 7, 2013 at Big Cats. See, e.g., LeSueur-Richmond Slate Corp. v. Fehrer, 666 F.3d 261, 268-69 (4th Cir.2012) (<HOLDING>). In LeSueur, the Fourth Circuit closely 
 Holding statements: (A) holding that the fourth amendment protects property as well as privacy (B) holding that under the fourth amendment a party may challenge both the constitutionality of the act permitting warrantless searches as well as the conduct of the government officials in a particular case (C) holding that government employers may conduct warrantless workrelated searches of employees offices without probable cause (D) holding a person may consent to warrantless searches as a condition of a suspended sentence (E) holding there is no requirement that the government obtains a warrant at the first moment probable cause exists  the touchstone for determining the constitutionality of warrantless searches is one of reasonableness under the circumstances

Ex Output:
(B)


Ex Input:
the terms of the agreement as to the status of the donor in writing. After the mother and her partner ended their relationship, the sperm donor filed suit to adjudicate his parental rights. The court looked to the plain language of the Texas statute and determined that the sperm donor lacked standing to pursue the paternity action. See Tex. Fam.Code Ann. § 160.702 (Vernon Supp.2006) (“A donor is not a parent of a child conceived by means of assisted reproduction.”). The “do-it-yóurself” manner in which the artificial insemination was conducted does not alter the fact that B.O.C. was a sperm donor under section 742.14. The statute does not require that the artificial insemination be performed in a clinical setting to apply. Compare McIntyre v. Crouch, 98 Or.App. 462, 780 P.2d 239 (1989) (<HOLDING>), with C.O. v. W.S., 64 Ohio Misc.2d 9, 639 
 Holding statements: (A) holding that where the donor nonpaternity statute did not explicitly reference physician involvement the statute applied even though the sperm was not provided to a physician (B) holding that writ was explicitly abolished by statute (C) holding that the title of the statute did not limit the reach of the statute (D) holding that where first amendment freedoms are not infringed by the statute a vagueness claim must be evaluated as the statute is applied to the facts of the case (E) holding that the statute as applied violates the commerce clause

Ex Output:
(A)


Ex Input:
or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or in violation of a statutory right; or (D) without observance of procedure required by law.” 38 U.S.C. § 7292(d)(1). B. ANALYSIS Equitable tolling is generally available in two types of situations: (1) “where the claimant has actively pursued his judicial remedies by filing a defective pleading during the statutory period,” or (2) “where the complainant has been induced or tricked by his adversary’s misconduct into allowing the filing deadline to pass.” Jaquay v. Principi, 304 F.3d 1276, 1282-83 (Fed.Cir.2002) (en banc) (quoting Irwin v. Dep’t of Veterans Affairs, 498 U.S. 89, 96, 111 S.Ct. 45 98) (en bane) (<HOLDING>). In Jaquay, a veteran executed a motion for 
 Holding statements: (A) holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling (B) holding that equitable estoppel and equitable tolling cannot apply to extend the 120day noa filing period set forth in 38 usc  7266a (C) holding that in light of irwin previous statements that equitable tolling is unavailable against 38 usc  7266 are overruled (D) holding that issue of whether the 120day judicialappeal period prescribed by 38 usc  7266a for seeking judicial review of a board decision is subject to equitable tolling is a legal question (E) holding that irwin overruled all prior ninth circuit cases that denied equitable tolling under statutes and regulations relating to federal employee discrimination suits including one which had denied tolling under  7703b2

Ex Output:

(C)