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]: on the basis of an otherwise constitutional statutory aggravator. 32 Even if we assume Graham supplies the proper analysis for challenging an aggravator, such a challenge fails here. Under Graham, a court "considers 'objective indicia of society's standards, as expressed in legislative enactments and state practice' to determine whether there is a national consensus against the sentencing practice at issue." 130 S.Ct. at 2022 (quoting Roper v. Simmons, 543 U.S. 551, 572, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005)). In the past decade, the Supreme Court has used this approach in three death penalty eases. See Kennedy v. Louisiana, 554 U.S. 407, 446, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (concluding the death penalty cannot be imposed for rape); Roper, 543 U.S. at 578, 125 S.Ct. 1183 (<HOLDING>); Atkins v. Virginia, 536 U.S. 304, 321, 122
Holding statements: (A) holding the death penalty unconstitutional for defendants under age eighteen at the time of the crime (B) holding that the execution of individuals who were under 18 years of age at the time they committed capital crimes violates the eighth and fourteenth amendments to the united states constitution (C) recognizing that within the world community the imposition of the death penalty for crimes committed by mentally retarded offenders is overwhelmingly disapproved (D) holding that mandatory life imprisonment without parole for those under the age of eighteen at the time of their crimes violates eighth amendment (E) holding the eighth and fourteenth amendments forbid imposition of the death penalty on offenders who were under the age of eighteen when their crimes were committed
[A]: (E)

[Q]: that on her return a company manager told Watson in a four-hour meeting in which she cried constantly that she was a poor and incompetent supervisor; that a manager transferred supervisory duties away from her and told her to go home; and that a personnel manager told her that she was considered a bitch and that she could either resign or be demoted to a position in which she would be supervised by her subordinate trainees. We believe that these facts, though covering a shorter period than that in Nolan, could constitute the necessary aggravating factors such that a trier of fact could (but not necessarily would) conclude that a reasonable person would find the conditions so intolerable and discriminatory as to justify resigning. See Ford v. Alfaro, 785 F.2d 835, 841-42 (9th Cir.1986) (<HOLDING>); Bailey v. Binyon, 583 F.Supp. 923, 924-25,
Holding statements: (A) holding claims based on the fair labor standards act subject to arbitration (B) holding in a fair labor standards act case that a constructive discharge occurred when an employee was physically threatened on one occasion harassed over the next two weeks and not given sufficient work instructions to perform his job (C) holding right to liquidated damages under fair labor standards act nonwaivable (D) holding that discriminatory pay reduction under fair labor standards act does not constitute continuing violation (E) holding that the otca limitations period applied to a claim alleging a breach of the fair labor standards act by the state
[A]: (B)

[Q]: into two distinct inquiries because each question is intertwined with and dependent upon the other. Clause 2 of Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. 934 (2002), states that "all conduct of a nature to bring discredit upon the armed forces," though not specifically criminalized by another UCMJ Article, "shall be taken cognizance of by a ... court-martial ... and shall be punished at the discretion of that court." Thus, in contrast to most criminal statutes that speak in terms of prohibited acts, clause 2 of Article 134 speaks in general terms of acts which create a prohibited effect. Nonetheless, Article 134 is not void for vagueness under the Due Process Clause of the Fifth Amendment. Parker v. Levy, 417 U.S. 733, 94 S.Ct. 2547, 41 L.Ed.2d 439 (1974) (<HOLDING>). Thus, the question in this case is whether
Holding statements: (A) holding that an insurance contract should be construed as a reasonable person in the position of the insured would have understood it and that if the language used in the policy is reasonably susceptible to different constructions it must be given the construction most favorable to the insured (B) holding that contract language is ambiguous where it is in fact reasonably or fairly susceptible to the different constructions being advocated by the parties (C) recognizing that the reasonableness of an agencys interpretation turns in part on the constructions fit with the statutory language (D) holding that consideration for a contract as a whole covers the arbitration clause (E) holding judicial constructions of article 134 have narrowed the reach of its broad language and supplied examples of the conduct it covers
[A]:
(E)