host: swing states are downo 80 plus, what is it mean for those competing in those states for officesguest: it has an impact on the competitive structures that members of congress need for passing votes. it used to be votes. it used to be that 164 swing districts was greater then the number of soundly democratic or republican districts. now, that isess than 20% of the house. over 80% of the members of congress are elected from districts where the primary is tantount to an election. the overwhelming share of legislatures are playing to a primary base because their only threat would come from someone who is further right or further left than you are. this is meant that most of the competition is now i states that have maps that were drawn in a more neutral manner not bipartisan legislatures trying to maximize their advantage. there are 13 states that were mapped to the most most recent s that were drawn by a nonpartisan commission or a court. the balance in the house is going to come down to states like california, arizona, new york. host: david wasserman is joining us for this conversa

donald trump has turned our politics upside-downo many times we don't know which way is up.at again in all of this. and the argument that the trump people are making on this, similar to bill clinton -- ultimately was successful real for bill clinton -- where the united states senate said, you're right. presidents have private lives, and maybe we shouldn't deal with all of the paperwork and nastiness, the process around that. geoff: you are both highly regarded political strategists. i'm hesitant to ask you to give us free political advice. i'm going to do it anyway. if you were advising one of these republican contenders to donald trump, how would you advise them to handle this, especially when you have this case, running parallel, it seems, with the 2024 presidential race? whit: geoff, there's no possible way to break through the cacophony. the best that a contender can do right now is look, sound and act like a potential president and wait for some of these other investigations to play out, investigations with far more serious charge than we saw in manhattan, and with much

his argument boils downo claim that harbison was wrong hardison -- hardison was wrong.t ultimately reduceso e claim that it was wrongly decided as -- wch the court has said is not sufficient over and over again in the hardis context. e lower courts and the eeoc have applied more than the minimus cost language and the other facts. that means that employers are not required to operate shorthand pay overtim wages. employs n be nice to bear other costs like infrequent payment of premium wages and it on the employer to demonstrate with concrete evidence and not speculation, and lower courts frequely deny undue hardship defenses and there is no justification now to scard all of that precedent. justice kavanaugh, justice barret y ask questions about the facts here. the wecourts correctly found anune hardship in these ct thjob required him to work on sundays and excepting him from rk each and every sunday would have violated his contractual rights -- employers -- employees rights under their contract. his absences created a concrete burden on other carris o had to stay on their