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Distinction. Well, it was certainly a purpose that went into the majority district but it was not the predominant motive. I understand that. Dont you have to use race to comply with section 5 . Thats right. Is there any way to comply with section 5 without using race . There is not. But you dont have to use race in this way, mr. Brasher. Nobody would say that section 5 required you to maintain a 78 district and a 78 district was no longer needed with respect to a groups ability to elect a candidate of choice. I respectfully disagree with that. Once again, we followed the same preclearance strategy that georgia followed in 2005. Congress made a record in 2006 to try to reauthorize section 5. Georgias plan from 2005 which kept all their majority black districts all the same was a good thing. We did the same thing in this redistricting cycle that other states did, we did the same thing that the plaintiffs did when they were in charge of the legislature in 2001. Theres been some inconsiste

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