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 purely legal questions, such as whether a given set of facts alleged by the plaintiffs would demonstrate a constitutional violation. 4 . We note that the record contains no indication that the OSHP employs explicit racial criteria or admits to racially-motivated decision making. If such a showing could be made, the plaintiffs would not need to establish the existence of a similarly situated class that was not investigated. See Brown v. City of Oneonta, 221 F.3d 329, 337 (2d Cir.2000) ("[I]t is not necessary to plead the existence of a similarly situated non-minority group when challenging a law or policy that contains an express, racial classification."), cert. denied, U.S. -, 122 S.Ct. 44, 151 L.Ed.2d 16 (2001); cf. United States v. Ovalle, 136 F.3d 1092, 1104-05 (6th Cir.1998) (<HOLDING>). "In its more recent pronouncements on laws
Holding statements: (A) holding that it is unnecessary for criminal defendant to establish threeprong test for discrimination in grand jury selection where there is direct evidence of exclusion based upon race (B) holding that a defendants guilty plea forecloses independent inquiry into the claim of discrimination in the selection of the grand jury (C) holding that racial discrimination in selection of grand jurors compelled dismissal of indictment (D) holding that although there was evidence of discrimination based on race there was insufficient evidence to support a finding of constructive discharge (E) holding that it is error to conduct most of the jury selection process in the absence of the defendant
[A]: (A)

[Q]: of the government so recognized from the commencement of its existence." Oetjen v. Cent. Leather Co., 246 U.S. 297, 303, 38 S.Ct. 309, 62 L.Ed. 726 (1918); see also Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398, 417, 84 S.Ct. 923, 11 L.Ed.2d 804 (1964) ("established rule" is that "recognition operates retroactively to validate past acts"); United States v. Pink, 315 U.S. 203, 233, 62 S.Ct. 552, 86 L.Ed. 796 (1942) (recognition is retroactive in effect); United States v. Belmont, 301 U.S. 324, 328-330, 57 S.Ct. 758, 81 L.Ed. 1134 (1937) (recognition is retroactive). Further, the FSIA itself is retroactive in application and applies to actions of foreign sovereigns prior to the passage of the FSIA. Republic of Austria v. Altmann, 541 U.S. 677, 124 S.Ct. 2240, 159 L.Ed.2d 1, (2004) (<HOLDING>). Consequently, the FSIA would apply to all
Holding statements: (A) holding that the fsia applied retroactively to actions of the austrian government in 1948 (B) holding that kotecki limit applied retroactively (C) holding the fourteenth amendment does not apply to the actions of the federal government (D) holding the batson rule was not to be applied retroactively to a state conviction on federal habeas review (E) recognizing the objection requirement for new state constitutional rules applied retroactively
[A]: (A)

[Q]: to kill Tevin if he told about the molestation and that, despite Tevin's repeated requests to go home, Loyd took Tevin to a dump site, made him lie down on the ground and announced to him that he was about to die before repeatedly strangling the child, who struggled so fiercely that he kicked off his own shoes. The State's expert testified that even a small child's natural reaction to strangulation would be to struggle and that death by strangulation can take as long as ten minutes to occur. The evidence supports the trial court's finding beyond a reasonable doubt that the murder was outrageously or wantonly vile, horrible or inhuman in that it involved torture to the victim and the depravity of mind of the defendant. See Hance v. State, 245 Ga. 856, 861-862 (3) (268 SE2d 339) (1980) (<HOLDING>). Accord Presnell v. State, 274 Ga. 246, 248
Holding statements: (A) holding that begay rejected that circuits earlier approach under which an offense presented a serious potential risk of physical injury to another if the offense conduct had the potential for serious physical injury to another (B) holding that torture occurs when the victim is subjected to serious physical abuse before death that serious sexual abuse may constitute serious physical abuse that facts supporting a finding of torture will also support a finding of depravity of mind and that the age of the victim may be considered in determining whether the evidence shows depravity of mind (C) holding substantial evidence supported jury finding of abuse of process (D) holding that torture of the victim or serious physical abuse language in the instruction cures vagueness of hac (E) holding evidence of outofstate instances of abuse admissible in child sexual abuse case to show intent opportunity and relationship between defendant and victim
[A]:
(B)