MBE Question of the Day

With just a few weeks remaining until the February 2023 bar exam, we will be posting several real MBE questions every week, with the answer to be posted the following day. Please feel free to email us with any questions about these, and if you were unsuccessful on the bar exam, submit your score report here for a free score report evaluation from our bar exam experts!

MBE Question of the Day

A 66 year old applicant for employment as a state trooper was rejected pursuant to a state law that prohibited state employment of persons over the age of 65. The applicant subsequently challenged the validity of that law in a state court, asserting that it violated both federal and state anti-discrimination laws, the language of which is substantially the same.
While the state court action was pending, the applicant instituted a proceeding in a U.S. district court seeking an order enjoining the state from enforcing the law.
Why would the federal court most likely to find against the applicant?
(A) The abstention doctrine.
(B) The Eleventh Amendment to the U.S. Constitution.
(C) On the ground that the question is moot.
(D) On the ground that the man lacks standing.
Answer to be posted tomorrow…..