white house editor at politico, and dave ho, director of aclu's vote rights project. and joining us from texas, ari berman, author of "herding donkeys: the fight to rebuild the democratic party and reshape american politics." dale, i want to start with you. if the supreme court has told us under section four, history is no longer the basis. if it is awfully hard to prove intent, then can we imagine disparate impact as a way to get to voter protection? >> i think we absolutely can. because focusing on intent, as you pointed out, really focuses on the wrong question. if i'm the victim of discrimination, it doesn't really matter to me why i've been discriminated against, only that i've been discriminated against. so north carolina, their voter suppression law, it's going to disproportionately affect african-americans. if i'm one of those african-american voters, it doesn't matter to me if the legislature did that because they don't like black people or because they think that black people are going to vote for particular party. either way, i've lost the most