the 1980s as approve a voting plan that reasonably tries to correct some of the political excesses that go on at the local level. now you have a state that's 27% black and they have exactly one district out of seven as far as black voters go in alabama. by every standard the court has upheld, that would be on its face suspicious and after extensive discovery at the local level, they found that it was unlawful. this court has said, nope, they're going to change the law, they're going to let it go through. it's going to have implications all over the country. >> jeffrey, what do you make of justice kavanaugh's argument that this is in fact related to the election, the upcoming primary election there and it's just too close to an election date. do you think they would have stayed the case had this been perhaps six months ago? how much weight are you putting on the upcoming election factor in itself? >> i don't think this is an issue about timing.