Correct answer

I am guessing the reason why it's answer choice D is because of lines 35-42. It's a little tricky it seems to almost contradict itself but it does state that a subsequent judge is unlikely to dispute the original decision based off their dicta

Hi @carolyndavis, thanks for your post and apologies for the delayed reply! Answer choice (D) is textually supported, as follows: Lines 34-36 ("The realists argued that in practice the common-law system treats the 'holding/dicta' distinction loosely") Lines 38-42 (" . . . judges writing subsequent opinions, although unlikely to dispute the decision itself, are not bound by the original judge's perception of what was essential to the decision") Lines 42-44 ("Later judges have tremendous leeway in being able to redefine the holding and the dicta in a precedential case"). Hope this helps! Please let us know if you have any additional questions.