Why not E?

You are right that the answer choice (E) reflects the last portion of the passage, but that is NOT what the question asked you to do. Rather, the question asked you to identify what "most legal scholars today" would agree with the realists about. That is laid out for us in the beginning of the passage: specifically, the first paragraph. The first paragraph explains that modern legal scholars acknowledge SOME indeterminacy. Then we are introduced to the realists, who saw a lot more indeterminacy. Both groups, therefore, see some indeterminacy in the law, right? Hope this helps! Please let us know if you have any additional questions.