Q13

[lkslaveeva]

Hello,

I had a question regarding Q13, answer choices D and E. I chose E because of the last paragraph of the passage which states: "Federal judges are not inclined to view favorably efforts to extend states' powers and jurisdictions because of the direct threat that such expansion poses to the exercise of federal powers."
Although I agree with D (the right answer) I can't understand why E is wrong. Is it because "discouraged" is too strong since we can't actually know the judges' reactions?

Thank you!

[nbayar1212]

I think E is wrong for two reasons:
1. like you said, "discouraged" is a bit stronger than "not inclined to view favorably"
2. there is no information on "legal precedents supporting the extension" in the last paragraph. For all we know, there is no legal precedent in which the Court has allowed the States more control over the affairs of Native Americans when there is no federal statute allocating a specific function to the state. And we also can't assume that had the author known about such legal precedents, he or she would still hold the same position.

When I take a step back, I don't really think the issue of "discouraged" being too strong of a word is the main issue, and here is why:

since we know that federal judges don't want states to tred on the rights of Native Americans, it seems pretty safe to infer that they do discourage such moves through their rulings. I mean, if legal precedents explicitly disallowing for State control over Natives is not considered discouraging states from partaking in that behavior, then I don't know what is.

[lkslaveeva]

nbayar1212,

Thank you so much! The moment I read your post, things seemed to click in my head. I don't know how I missed "legal precedents supporting the extension." I agree with you that "discouraged" isn't too strong and highly likely the opinion of the federal judges in this matter.

Thanks!

[ohthatpatrick]

Nice question/answer!

Let me just add in here that we often get lured into a trap answer by focusing on what we like about it, which sort of causes our brain to gloss over the inaccurate part.

Try to re-formulate your brain into reading primarily for what you DON'T like (it will make you a terrible person to be around, but a better LSAT-taker).

80% of the answers are wrong; they contain broken language. So in many ways I think of correct answers as, "ideas that I can live with and safely support".

Typically, on a first pass through answer choices, you might find 2 or 3 that you know can't be right. With the 2 or 3 you're considering, figure out what your biggest reservation is with each answer choice and then research the passage to see whether you can find any wording to make peace with the sketchy word/idea in each choice.

(D), incidentally, for others who may read this post, is supported by the structure of the passage. The last two paragraphs are meant to be examples of how the Supreme Court has actually protected/enhanced the interests of Native Americans.

The author's 2nd example of something good the Supreme Court has done for Native Americans is "protecting them against encroachment by states into tribal affairs".

Since the author is saying that protection from encroachment is a good thing for Native Americans, we can infer that encroachment itself would be detrimental.

== other answers ==
(A) "only" is too extreme to be supported
(B) "favorably" contradicts the last paragraph
(C) "best" interests is too extreme to be supported and the idea that state and federal interests align contradicts the gist of the last paragraph