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MMLU / A state trooper was convicted in federal court in 2008 of taking bribes. He was…

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question

A state trooper was convicted in federal court in 2008 of taking bribes. He was sentenced to probation. He had served as a state trooper since 1978, and in 1998, he became fully qualified for his pension upon retirement. In 2006, the trooper retired and immediately started receiving monthly state pension checks. In 2009, the governor of the state signed into law a statute, which provided in part:"Section 8. Any member of the state law enforcement staff. . . who is convicted of. . . briberyshall not be entitled to receive any retirement or other benefit or payment of any kind from the stateSuch conviction shall be considered a breach of the staff member's employment contractSection 12. The provisions of this Act shall be retroactive to December 31, 1975. Section 14. This Act shall take effect immediately. "Following the enactment of the statute, the state trooper received a letter from the state which stated that pursuant to the statute, the state is immediately discontinuing pension benefit payments to you on account of your 2008 bribery conviction. "The trooper contacted an attorney, who challenged the discontinuance of benefits on the grounds that the new law was unconstitutional. Assume that the state's highest court holds the statute constitutional. The trooper might still be able to eventually have his pension reinstated if

choices

  1. he exercises his constitutional right to discretionary review in the U. S. Supreme Court.
  2. he receives a presidential pardon for his bribery offense.
  3. he can show that he was convicted before the effective date of thestatute.
  4. he can show that the statute violates the dormant commerce clause.

subject

professional_law

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task_id
8ac29b86-ee32-5864-8122-1d2a420ad97e
task_key
all--test--8ac29b86-ee32-5864-8122-1d2a420ad97e
task_revision_id
1
config / split
all / test

Official source

initial import