reflect the voting strength of the people of the state, aren t you preventing voters from exercising control? reporter: the gop chairman says the case was about reestablishing the proper constitutional roles. the goal line is moved. it used to be conversations about is this a gerrymander? now, the conversation is does the court have the right to rein in a jerrygerrymander or can st legislatures do what they want to do? reporter: if that argument sounds familiar, that s because this case, the one reheard today, is the underlying case for one that went before the u.s. supreme court in december. there were oral arguments about the controversial independent state legislature theory. in fact, jake, the u.s. supreme court requested additional briefs from all the parties because of this rehearing to
right to vote. on that notion, you mentioned the idea of almost this notion of a post-racial world that was alluded to prior when section 5 was gutted and the idea of turning a blind eye. well, rick, republicans would argue and let s play devil s advocate here in this position that, look, we should have race-blind mapping here. you know, you shouldn t be taking into consideration the race. certainly there s racial bloc voting, of course, as derrick talked about, the idea of having enough concentration of power to elect a candidate of your choice, not having that voting strength diluted and never being guaranteed to vote for the winner but having the opportunity to do so. what do you say to the argument that says, if you don t want race to infect our voting and election systems, then why would you draw a majority black district in the first place? yeah, that s a great question. but i would put it this way. you mentioned racially polarized voting.
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since mbt tock office in january. this becomes a voting rights issue except the old pre-clearance is no more. used to be states covered by the voting rights act had to submit their plan so the burden had to be on texas to prove you were doing this right and now they said they did this deliberately to undermine the influence of voters of color. can you make that case? well, it s to dilute their vote and the voting strength, right? you have obviously necessarily blocs that happened to voters and i was in the department of justice working on these cases. always about trying to figure out who was trying to dilute that state. one way to do it, ways in which you expand the district to have a big enough voice that they can have the opportunity to elect who they want in office. there s why section 5 and why section being available is problematic. section 2 is often reacting to something, after an egregious error has occurred you can react