Official Explanation:Editorial: A new city ordinance would place a health and safety tax on cigarettes, with advocates arguing that the sale of cigarettes poses a public health risk to the citizens of the city who don’t smoke. Smokers’ advocates argue that this ordinance would place undue burden on smokers and is unlawful discrimination.
Which of the following, if true, most weakens the smokers’ advocates’ argument? A. It is illegal for the city to discriminate against citizens because of personal choices. B. It is illegal for the city to discriminate against citizens for health reasons. C. Taxes can legally be considered discriminatory within the city’s constitution. D. Taxes levied on non-necessary goods are passed by public referendum and cannot be challenged legally. E. Taxes levied on non-necessary goods are passed by public referendum and can only be challenged civilly. Question Type: Weaken
Boil It Down: A new city ordinance wants to add a health and safety tax to cigarettes. Advocates of the tax believe smokers should pay to offset the damage smoking does to nonsmokers. Advocates of smokers think the tax is discrimination.
Goal: Find the option that most weakens the argument made by smoking advocates that added taxes are discrimination. Analysis:First, we need to find the smokers’ advocates’ argument, so we know what portion of the passage to focus on (since there are 2 arguments being made here):
Editorial: A new city ordinance would place a health and safety tax on cigarettes, with advocates arguing that the sale of cigarettes poses a public health risk to the citizens of the city who don’t smoke. Smokers’ advocates argue that this ordinance would place undue burden on smokers and is unlawful discrimination. Now that we know which section we’re focusing on, let’s ask ourselves what would most undermine their argument? It turns out the smokers' advocates are arguing 2 main points:
Smokers’ advocates argue that
this ordinance would place undue burden on smokers --> find an option that says the ordinance would not burden smokers, or even benefit them
and
is unlawful discrimination. --> find an option that says that this type of discrimination is totally lawful and can't be legally challenged
A. It is illegal for the city to discriminate against citizens because of personal choices.
This is incorrect because this would strengthen the smokers’ claim.B. It is illegal for the city to discriminate against citizens for health reasons.
This is incorrect because, even if smoking was considered an act defensible for health reasons, this would strengthen the smokers claim. C. Taxes can legally be considered discriminatory within the city’s constitution.
This is incorrect because this would strengthen the smokers’ claim by providing legal basis for challenge. Remember - we have to find an option that states that the tax is legal AND cannot be challenged legally.D. Taxes levied on non-necessary goods are passed by public referendum and cannot be challenged legally.
This is the correct answer because, if this were true, the city ordinance placing a health and safety tax on cigarettes would have been passed by public referendum (a majority vote of eligible citizens), and could not be challenged legally within the city. Smokers and their advocates would thus have no legal claim to challenge the ordinance.E. Taxes levied on non-necessary goods are passed by public referendum and can only be challenged civilly.
This is incorrect because a civil challenge to the ordinance would not likely result in it being overturned or removed from public record. Don’t study for the GMAT. Train for it.
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