with me today is my partner, butch bowers representing the governor and alex peters representing the state board of elections. i think the most important point i can make, your honor, is that we disagree with the plaintiffs' positioning that judge schroeder did not apply the test that this court articulated in its preliminary injunction hearing. we believe he religiously applied that test x then he made extensive findings of fact and concluded that based upon these extensive findings of fact, the plaintiffs had not carried their burden proving either of the prongs of the section 2 test that this court laid out. >> well, you know, at least -- [inaudible] is helpful to be able to specifically indicate the claim that you're talking about. are you talking the section 2 results? section 2 intentional discrimination in 14th amendment intentional discrimination or the general claim? i mean, i get your point in terms of the overall view of it. >> yes, sir. >> clearly erroneous in the de novo review. but in terms of the analysis that we take here and what's been prevented on the other side, i

butch bowers is representing the governor. and mr. peters is representing state board of elections. i think the most important point i can make is we disagree with the plaintiff's position that judge schroeder did not apply the test that this court articulated in the preliminary injunction hearing. we believe he religiously applied that test and then he made extensive findings of fact. and concluded based upon the facts, they did not care i didn't think burden proving either of the prongs of the section two test that this court laid out. >> at least my understanding is helpful mr. farr, to be able to specifically indicate the claim that you're talking about. are you talking section 2 results? intentional discrimination? 14th amendment or the general claim? i mean, i get your point in terms of the overall view of it. >> yes, sir. >> it's a noble review. but in terms of the analysis that we take here and what's been presented on the other side. it is helpful, at least from my per inspective to get your position on those. >> yes, sir, your honor. i'm talking about the section two claim