medium · LSAT Reading Comprehension

When a binding precedent appears to demand an unjust result, a court need not formally overrule it; it may instead "distinguish" the earlier case by pointing to some factual difference that makes the old rule inapplicable. This gives judges welcome flexibility. But the practice carries a practical barrier: because each distinction must rest on ever finer factual grounds, repeated distinguishing breeds convoluted chains of reasoning that make the governing rule harder for later courts and litigants to discern. Formal overruling, by contrast, is available chiefly to the highest appellate courts, and legislative correction depends on political will that marginalized groups often lack.

According to the passage, what is the "practical barrier" associated with the practice of distinguishing cases?

  1. Only the highest appellate courts in the country are permitted to employ it.
  2. It is inherently biased against marginalized populations who lack political power.
  3. It generates increasingly tangled reasoning that erodes the clarity and predictability of the law.
  4. It demands a degree of political will from the legislature that is rarely forthcoming.
  5. It can be invoked only after a precedent has first been formally overruled.

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