that's cromartie 2, isn't it? >> if you're use -- >> doesn't cromartie 2 say if you're doing this for political reasons, because many, many africanamericans vote democrat, all right? and so what they're doing is they're trying to help the democrats. so, yeah, we're trying to help the democrats. ok. if that's what you can are doing and they can't really prove the contrary, the burden is on the one attacking the district, whether they are doing it by removing some africanamericans from this one or by putting more into it, it's the same issue. am i right? >> yes, you're right. and that's -- >> right. then it's not a one-way ratchet. it is a two-way ratchet, which 12 >> and it's valid in both 13 in both cases. that's your problem. >> if -- >> that's not our case because our case, they don't try to defend on that ground. >> right. and that's your answer is exactly the answer i was trying to give to justice kennedy, which is partisan manipulation, this court has said, may be fine and constitutional, but the one thing yo

and dez bryant finally gets open in the back of the end zone and cannot blame dominique rodgers-cromartietch smith here? get him on ground and shove him down and stay with one of the most athletic to make sure it's a touchdown. >> referee: time-out. >> al: and upstairs they are going to take a peek at this one with 61 seconds. vinovich under the hood. ♪ some phones aren't water resistant. some don't have replaceable batteries. some don't have a kids mode that prevents the little fella from sending out that embarrassing photo to the whole company. the samsung galaxy s5 it takes a lot of things to be the next big thing. [phone rings] it takes a lot of things to be the next big thing. hey brian, you free for lunch? this week only, get the samsung galaxy s5 for $1 at best buy. ♪ how do you turn an idea into something real? ♪ it takes passion... ♪ innovation... ♪ and most importantly, ♪ an after-party. ♪ the 2015 corolla. toyota. let's go places. hey, jennar fuzz mike trooawwwwww scram!g... i'm crust mike jubby roll bond chow gonna lean up an kiss bet. peas charty get town down. [laughter] ♪ b

hilton ripped the ball away from roger cromartie. indy beat new york 40-24.o. 3, t-rex teamed up to prank his teammate. looks like some players didn't know it was a joke. look at that. can you remember when you were rejected for a date by the homecoming queen? >> no. never. >> james harden knows how you feel, rejected. high school football in utah, spanish court led and their quarterback lost the football and it was run in for a touchdown. maple mountain picks it up and wins it. apparently jason muddy was devastated when the video went viral. we'll be right back. ,,,,,,,,,,,,,,,,,,,, - ( helicopter whirring ) - ( roars ) ( siren wails ) ( pop music playing ) ♪ when you're ready ♪ ready, ready, ready ♪ come and get it ♪ get it, get it ♪ when you're ready, come and get it ♪ ♪ na na na na ♪ na na na na na na na ♪ ♪ when you're ready, come and get it ♪ ♪ na na na na... female announcer: it's a great big world and it can all be yours. here and only here. ♪ come and get it. >>> david letterman is next with martin short. >> our next newscast tomorrow morning 4:30. w

dominique rodgers cromartie had it, then he didn't. colts win 40-24. luck 354 yards passing and four touchdowns. that's it for sports. more news coming up after the break. - ( helicopter whirring ) - ( roars ) ( siren wails ) ( pop music playing ) ♪ when you're ready ♪ ready, ready, ready ♪ come and get it ♪ get it, get it ♪ when you're ready, come and get it ♪ ♪ na na na na ♪ na na na na na na na ♪ ♪ when you're ready, come and get it ♪ ♪ na na na na... female announcer: it's a great big world and it can all be yours. here and only here. ♪ come and get it. >>> in a matter of minutes, just a few minutes from now, we have jimmy, mad bum, and some underwear. >> it's a normal thing for a guy to give another guy on tv -- >> we've never met. >> absolutely, yeah. >> what is it? >> it's perfect. i've got some underwear for you. >> a of underwear? >> yeah. >> this is fantastic. >> might be a first in "tonight show" history. oh, my goodness. he doesn't. world series hero madison bumgarner will be on "the tonight show" with jimmy fallon. the soft-spoken bumgarne

hilton ripped the ball away from roger cromartie. indy beat new york 40-24.rex teamed up to prank his teammate. looks like some players didn't know it was a joke. look at that. can you remember when you were rejected for a date by the homecoming queen? >> no. never. >> james harden knows how you feel, rejected. high school football in utah, spanish court led and their quarterback lost the football and it was run in for a touchdown. maple mountain picks it up and wins it. apparently jason muddy was devastated when the video went , >>> david letterman is next with martin short. >> our next newscast tomorrow morning 4:30. we'll see you then. >> be sure to join us for election coverage tomorrow commercial free at 11:00. ,,,,,,

all 5'9", 178 pounds rips it away from cromartie. he finishes the game with four touchdowns. baseball news, according to u.s. district court documents. alex rodriguez paid his cousin close to $1 million in exchange for his silence for performance enhancing drug use. he is currently facing charges for criminal case for the doping scandal last year. a-rod's 162 game suspension endsed last week. he is still under contract with the yankees. >>> the joe maddon era is under way in chicago. cubs introduced maddon in the bar called the cubbie bear. maddon already winning over cubs fans channelling a little harry haray. >> where's the bartender? bar keep? anywhere? i got the drinks right now. okay. what do i got? theo said i got one round. i thought about that. one round's on me, please. >> don't worry. maddon is not going to break the bank. he said a round meant a shot and a beer. john and christie. >> i have to say, to reporters, that's a lot. >> cubbie bear is one of the classy places. nice spot. laura, thank you. >>> election day across the country. the fate of congress up in the

wrestling it away from dominic rodgers-cromartie. who wants it more?k. flips it to reggie wayne. gets the move, got the sideline speed. 40-24, colts now 6-3. looks like we're about to witness the leap. a player going from very good to full on superstar. >>> claire thompson into rarefied air. averaging 25 points in the first three games. he is the western conference player of the week. the warriors are 3-0. that's the sporting life for a monday night. >> all right, mark, thank you. thank you for joining us tonight. our coverage continues on 6news.com. ♪ ♪ [ male announcer ] follow your joy to a celebration like no other. start your new orleans holiday at followyournola.com. claire: kids! breakfast! kids? oh. phil, would you get them? yeah. just a sec. kids! that is so -- okay. kids?! get down here! why are you guys yelling at us when we're way upstairs? just text me. all right, that's not gonna happen. and, wow, you're not wearing that outfit. what's wrong with it? honey, do you have anything to say to your daughter about her skirt? sorry. oh, yeah, tha

and dez bryant finally gets open in the back of the end zone and cannot blame dominique rodgers-cromartietch smith here? get him on ground and shove him down and stay with one of the most athletic to make sure it's a touchdown. >> referee: time-out. >> al: and upstairs they are going to take a peek at this one with 61 seconds. vinovich under the hood. ♪ some phones aren't water resistant. some don't have replaceable batteries. some don't have a kids mode that prevents the little fella from sending out that embarrassing photo to the whole company. the samsung galaxy s5 it takes a lot of things to be the next big thing. [phone rings] it takes a lot of things to be the next big thing. hey brian, you free for lunch? this week only, get the samsung galaxy s5 for $1 at best buy. ♪ how do you turn an idea into something real? ♪ it takes passion... ♪ innovation... ♪ and most importantly, ♪ an after-party. ♪ the 2015 corolla. toyota. let's go places. hey, jennar fuzz mike trooawwwwww scram!g... i'm crust mike jubby roll bond chow gonna lean up an kiss bet. peas charty get town down. [laughter] ♪ b

it's cromartie ii, isn't it? doesn't cromartie ii say if you're doing this for political reasons, because many, many african-americans vote democrat, all right? and so what they're doing is trying to help the democrats. yeah, we're trying to help the democrats, okay? if that's what you are doing, and they can't really prove the contrary -- the burden's on the one attacking the district, whether they're doing it by removing african-americans from this one or putting more into it, it's the same issue. am i right? >> yes, you're right -- >> then it's not a one-way ratchet, it is a two-way ratchet which -- >> and it's valid in both -- >> yeah, right. >> -- in both cases. >> that's your problem. >> that's not our case. because our case they don't try to defend on that ground. >> your answer is exactly the answer i was trying to give to justice kennedy which is parse san manipulation -- partisan manipulation this court has said may be fine and constitutional, but the one thing you cannot do is use race as a proxy for p

the second reason, in cromartie the court held the first step is to show there some conceive a way too this differently that creates greater racial balance. the fact they've never produced a plan that does that is a serious problem. that makes sense because he going to see if race was predominate, you take race out and then you run it again and to see what happens. >> let me give you some numbers from some of these districts. 52 company needed to add in a -- 1145 african-americans in order to maintain the percentage of african-american voters which was your number two criterion. you added 1143. you missed it by two. 55 you need to add 6981. you added 6994. sd 23, 15,069. you hit it at 50,185. those numbers speak for themselves, don't they? in each of these cases were determined disregarding other criteria to maintain the black voting age population. >> i don't think that shows that for two reasons. i agree with you that states solicitor general the question is whether we supported race-neutral districting criteria. >> that was just a coincidence? >> no, but that goes to my second poin