justice kennedy in the middle, but there s not consistently been the case and it shouldn t be the case. this is the most difficult question of all. in 60 seconds, are you able to lay out the solution you ve devised where the court said in the past, well, we don t like it, but how do we fix it? what s your fix? so we have a three-part test we think is workable and the lower court agreed it s workable. prong onefuls a math test with discriminatory intent, so in order to benefit one party and handicap another party. prong two has the math exhibited in a large, durable discriminatory effect where measures, metrics like the efficiency gap come into play, and then prong three, is there any kind of legitimate or neutral justification for the large and durable partisan effect that we see? so that s the whole test.
opponent is has more wasted votes than you do, and they are winning their seats less efficiently, and this idea and the eefficiency gap is the party that has an advantage will have more seats for aics iffed vote share. right. that s the measure i propose. if we were to remove the efficiency gap if you will, or put it in, and in certain cases, where would we be in the house today? well, that s it s actually a more complicated question than that because there are some issues of of intent. did, you know, and when the court gets involved, they have shown an interest in knowing whether such a particular plan occurred for reasons other than naked partisan advantage. it s not clear in all of these cases whether the underlying political jgeography state it could be overruled. but measuring the errors that
appeals court agreed for the first time in decades a court reached a ruling like that coming to the supreme court where the justices in the past have been very skeptical of claims about political gerrymandering and have had cases in the past where congressional districts and legislative districts are struck down because they re racial gerrymanders. what is the test? how do you know when a state has gone too far. the challengers here say easy, look at something they call the efficiency gap and whether so many members of minority party are jammed into one district that they re more than they need to effect the candidates in their choice or broken up and spread out in the other districts that they have no power. the court will hear the case in the fall. katy. thank you, pete. the supreme court s decision to take this case comes as democrats are ramping their effort to propose for 2020 when states will redraw the boundaries of their legislative and congressional districts for the first t