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Limiting the Inevitable Damage

Strict Scrutiny

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The Role of Simulations in Section 2 Litigation

Justice Alito seemed really fixated on the role of computer generated maps and litigation under Section 2. The problem with that, you know, for the reasons I alluded to is one, it's an intent test,. It's really impossible through 10,000 simulations or even 10 million simulations to show all of the possibilities. If there was a helpful Amicus brief in this case done by Julie Chen and professors at Harvard Law School they explained that if you were to apply computer simulations to state legislative districts and other congressional districts, you would lose a lot of existing majority minority districts.

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