PrepTest 115, Section 1, Question 10

DetailDifficulty1 of 5
Passage 2How Thurgood Marshall developed the strategy that helped win Brown
The questionFull text in your LawHub copy of PrepTest 115

Thurgood Marshall's litigation of Brown v.(446 more words not shown)

According to the passage, the(13 more words not shown)

Reading the passage

The theoretical objection is that separate but equal cannot fulfill its own promise. It doesn't merely say the current facilities happen to be unequal. It says separation and genuine equality cannot work together as the doctrine requires.

Working the answers

  • A

    This points to unequal outcomes. The theoretical argument challenges the concept itself, rather than just showing what it often produces in practice.

  • B
    Correct

    The second paragraph calls the doctrine “self-contradictory and hence legally unsound.” Its promise is impossible to fulfill, so the defect belongs to the doctrine itself.

  • C

    Short-term preparation for a long-term argument describes Marshall's overall plan. We need the content of the theoretical argument, not when he planned to use it.

  • D

    Winning individual cases describes the groundwork. Those victories helped prepare the court for the broader challenge; they aren't a statement of that challenge's reasoning.

  • E

    This is the first, practical approach: show that separate facilities are not actually equal. The theoretical approach goes further by arguing that the doctrine cannot deliver equality at all.

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