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: appeal docketed, No. 03-2415 (1st Cir. Oct. 17, 2003). 17 . See Regents of Univ. of Cal. v. Bakke, 438 U.S. 265, 311-12 & 319, 98 S.Ct. 2733, 57 L.Ed.2d 750 (1978) (noting that a "diverse student body ... is a constitutionally permissible goal for an institution of higher education" but striking down a two-track medical school admissions system that used "explicit racial classification[s]") (opinion of Powell, J.); Gratz v. Bollinger, 539 U.S. 244, 123 S.Ct. 2411, 156 L.Ed.2d 257 (2003) (striking down as not narrowly tailored an undergraduate admissions system that automatically awarded twenty points in admissions scoring to members of under-represented ethnic and racial minority .groups); Grutter v. Bollinger, 539 U.S. 306, 334 & 328, 123 S.Ct. 2325, 156 L.Ed.2d 304 (2003) (<HOLDING>). 18 . Walsh has a Master's Degree in
Holding statements: (A) holding that universities can consider race or ethnicity more flexibly as a plus factor in the context of individualized consideration of each and every applicant and that a diverse student body is a sufficiently compelling interest to justify such use of race (B) holding that more favorable treatment of similarly situated employees outside the race classification is required to make a prima facie race discrimination case (C) recognizing that certain forms of race consciousness do not lead inevitably to impermissible race discrimination (D) holding that the race of the prosecutor is irrelevant (E) holding that a criminal defendant can bring a third party challenge to the peremptory striking of jurors based on race whether or not he is of the same race as the jurors who are struck
A:
holding that more favorable treatment of similarly situated employees outside the race classification is required to make a prima facie race discrimination case