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:
obligations, the United States government must conform its conduct to constitutional requirements. Grin v. Shine, 187 U.S. 181, 184, 23 S.Ct. 98, 100, 47 L.Ed. 130 (1902). See In re Burt, 737 F.2d 1477, 1485 (7th Cir.1984) (“when the conduct of the United States government is challenged, such conduct must be assessed in light of the Constitution”); Plaster v. United States, 720 F.2d 340, 348 (4th Cir.1983). Where an extradition court finds that extradition would violate the relator’s constitutional rights, the Executive branch may not extradite him. In re Burt, supra, 737 F.2d at 1484; Plaster v. United States, supra, 720 F.2d at 349. See also In re Extradition of Mahmoud Abed Atta, 1988 WL 66866 (E.D.N.Y. June 17, 1988) (unreported slip op.) (available on Westlaw, federal database) (<HOLDING>). However, an American court may not deny 
 Holding statements: (A) holding that juveniles may waive constitutional rights (B) recognizing defendants state and federal constitutional rights to testify (C) holding in the private sector context that flsa rights cannot be abridged by contract or otherwise waived  and stating that in any event congressionally granted flsa rights take precedence over conflicting provisions in a collectively bargained compensation arrangement (D) holding that constitutional rights in extradition take precedence over treaty terms (E) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights

Ex Output:
(D)


Ex Input:
v. Allen, 615 F.3d 1122, 1136 (9th Cir.2010) (emphasizing the parsimonious nature of an effective EA) (quoting 40 C.F.R. § 1500.1(b)). The DOE has more than met its burden here. Accordingly, we find that the DOE’s discussion of the 2005 anthrax shipping incident in the DREA and the FREA satisfies NEPA. b. The “Restricted” Experiments We do not reach the issue of whether the DOE’s decision not to include information about “restricted” experiments in the FREA was arbitrary or capricious because the district court properly found that this argument was waived. Here, Tri-Valley CAREs did not address the district court’s ruling that the argument was deemed waived in its opening appellate bricf. Thus, the issue is not properly before us. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.1999) (<HOLDING>). Claims not made in an opening brief in a 
 Holding statements: (A) holding that arguments not raised by a party in its open ing brief are deemed waived (B) holding that arguments not raised in district court are waived (C) holding that arguments not raised before the trial court are waived (D) holding that arguments not raised in the opening brief are waived (E) holding that arguments that are not raised or that are not accompanied by factual and legal support are deemed waived

Ex Output:
(A)


Ex Input:
him to use an expert to evaluate the documents voluntarily produced. To a large extent, the court reads this third objection to be an invitation to the court to re-try the contentions of the parties before the arbitration panel and to make anew all factual and legal determinations. This the court is not permitted to do, under any standard applicable t his appeal of the arbitration award. Hoffman contends that the requirement in the NGFA rules that he pay the entire award by certified check to be held by the NGFA secretary prior to appealing only allows the wealthy and financially liquid to use the NGFA’s arbitration appeals system. This challenge can only be construed as a challenge to the “fundamental fairness” of the NGFA arbitration process. See P & P Indus., Inc., 179 F.3d at 870 (<HOLDING>). As his fifth challenge, Hoffman asserts that 
 Holding statements: (A) holding that section 34810 is an adequate and independent state ground (B) holding right to be fundamental (C) recognizing such a ground for judicial review of arbitration awards in this circuit (D) recognizing plain or fundamental error (E) recognizing review for fundamental unfairness as an independent extrastatutory ground

Ex Output:

(E)