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.

[EX Q]: of demonstrating that the statute "clearly, palpably, and plainly violates the Constitution." Nixon v. Commonwealth, Dep't of Pub. Welfare, 576 Pa. 385, 839 A.2d 277, 286 (2003) (internal quotation marks and citation omitted). While the General Assembly may enact laws which impinge on constitutional rights to protect the health, safety, and welfare of society, any restriction is subject to judicial review to protect the constitutional rights of all citizens. Id. As detailed below, we conclude that SORNA's registration requirements violate juvenile offenders' due process rights by utilizing the irrebuttable presumption that all juvenile offenders "pose a high risk of committing additional sexual offenses," 42 Pa.C.S. 9799.11(a)(4), because that presumpti 8, 31 L.Ed.2d 551 (1972) (<HOLDING>); Bell v. Burson, 402 U.S. 535, 542, 91 S.Ct.
Holding statements: (A) holding that the state may not interfere with an unwed fathers custody rights absent proof of unfitness (B) holding unwed father entitled to hearing on his fitness as a parent before children could be taken from him after death of their mother (C) holding unconstitutional a statute providing for children to be declared dependent and removed from their unwed fathers custody based on the presumption that unwed fathers are unfit parents (D) holding that parents are constitutionally entitled to a hearing on parental fitness before children are removed from their custody (E) holding due process was violated by the automatic rejection of an unwed fathers custodial relationship without granting the father opportunity to present evidence regarding his fitness as a parent
[EX A]: holding that the state may not interfere with an unwed fathers custody rights absent proof of unfitness

[EX Q]: commencing an action will be assumed to have waived its right to arbitration when its use of the judicial process is clearly inconsistent with seeking arbitration at a later date." Id. (internal quotation marks and citation omitted). Applying this law, Judge Weinstein' concluded that choosing to file a claim in court rather than arbitrate constitutes a waiver of the right to arbitrate. Id. (citing Digitronics Inventioneering Corp. v. Jameson, 52 A.D.3d 1099, 860 N.Y.S.2d 303 (3d Dep't 2008)). I agree with Judge Weinstein's well-reasoned decision that, if New York law applies, the decision to litigate disputes over unpaid claims in state court precludes Defendants from now seeking to compel arbitration with respect to those same claims. But see Grand Med. Supply, 2012 WL 2577577, at *2 (<HOLDING>). Moreover, I would reach the same result even
Holding statements: (A) holding that mandatory arbitration agreements in the employment context fall under the faa (B) holding that the framework for determining any disputed issues concerning arbitration must be determined in the context of the faa (C) holding that the faa requires arbitration of age discrimination claims when a valid arbitration agreement exists (D) holding that faa was inapplicable where parties involved in action are not parties to an arbitration agreement under which issues are referable to arbitration (E) holding that the faa mandates courts to direct parties to arbitration on issues to which a valid arbitration agreement has been signed
[EX A]: holding that mandatory arbitration agreements in the employment context fall under the faa

[EX Q]: the context of the EAJA, see, e.g. Perales v. Casillas, 950 F.2d 1066, 1072 (5th Cir.1992) (noting failure of bad faith claim did not mandate conclusion that government's position was substantially justified); Barry v. Bowen, 825 F.2d 1324, 1334 (9th Cir.1987) abrogated on other grounds, 884 F.2d 442 (9th Cir.1989) (bad faith standard "higher than the substantial justification standard"); Gregory C. Sisk, "The Essentials of the Equal Access to Justice Act: Court Awards of Attorney's Fees for Unreasonable Government Conduct (Part Two)" 56 La. L.Rev. 1, 54 (1995) (noting that where the government acts in bad faith, this "under mines the 'substantial justification' for the government's position"), as well as in other areas. Cf. United States v. Truesdale, 211 F.3d 898, 908 (5th Cir.2000) (<HOLDING>). Here we simply conclude that the basis for
Holding statements: (A) holding that a bad faith claim is a tort (B) holding that for the administrative position of the government to be substantially justified it must have a reasonable basis both in law and fact (C) holding that congress did not want the substantially justified standard to be read to raise a presumption that the government position was not substantially justified simply because it lost the case citations omitted (D) holding that in order to establish bad faith claim under hyde amendment criminal defendant must show more than that governments position was not substantially justified (E) holding that the governments position must be justified to a degree that could satisfy a reasonable person and have a reasonable basis in both law and fact citations omitted
[EX A]:
holding that a bad faith claim is a tort