PrepTest 151, Section 1, Question 3

Author's OpinionDifficulty3 of 5
Passage 1Shelley v. Kraemer and the limits of attribution
The questionFull text in your LawHub copy of PrepTest 151

The United States Supreme Court’s 1948 ruling in(440 more words not shown)

The author's attitude towards the(27 more words not shown)

Reading the passage

The question asks about the author's attitude toward the reasoning, not toward the outcome. We know that attitude is strongly negative: the rationale has troubling implications and fails to address the discriminatory content. Look for language that expresses that criticism. The final paragraph's “noxious aspect” is a clear fit.

Working the answers

  • A

    “Famously disallowed” tells us that the decision is well known and describes what it prohibited. Disallowing something is an action of the Court, not an expression of the author's disapproval of the Court's reasoning.

  • B

    “Justly celebrated” is positive, but it praises the result: ending enforcement of a discriminatory restriction. The question deliberately asks about the reasoning instead.

  • C

    “Perfectly legal” reports the Court's conclusion about the covenants themselves. The author criticizes that conclusion; this phrase does not express the author's own approving assessment.

  • D

    “Consistently applied” introduces what would happen if courts followed the approach in other cases. It describes a hypothetical application, not an attitude toward the rationale.

  • E
    Correct

    Calling an aspect of the reasoning “noxious” is a forceful negative judgment. The author objects to the Court treating discriminatory content as legal while targeting only its enforcement.

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