gerrymandering is that you can still litigate these cases, but justice kennedy says and veep persons jubelirer's we think you should look in the first amendment to see if you can find a standard that might be helpful in determining when partisanship is too much partisanship. the reason you would look into the first amendment is because that's the area where the discrimination on the basis of partisan affiliation night give rise to constitutional problems. because if, for example, the court has a whole line of cases dealing with patronage where you can't fire schoolteachers because their democrats. right? or republicans. so if you can't do that under the first amendment, maybe there's a first amendment injury if you discriminate against democrats in the drawings of redistricting plans. right now that's just speculation. that there's just a possibility there's will be a standard, but lee versus jubelirer keeps partisan gerrymandering claims alive, but without any guidance as to when they might be unconstitutional. and if you thought that there was a likely outcome from that case with justice kenne

but veep versus jubelirer keeps partisan gerrymandering claims alive, but without any guidance as to when they might be unconstitutional. and if you thought that there was a likely outcome from that case with justice kennedy maybe coming up in the next situation to strike down the gerrymander a lot of time talking about this in this class, suggested that it's going to be a very, very high bar to cross, if you're going to show that something is an unconstitutional gerrymandering. so you can see the districts, that these were the districts drawn by the court, which throws a significant number of democrats being elected and re-elected in the, for texas in congress in 2002. once the republicans gain control of the state legislature in texas, they then redrew the lines. you can see many of these districts going all the way from mexico to the austin metro area. and as a result of these -- this districting plan you can see all the other funny shapes up here and here. this is houston. and i think dallas. that as result of this redistricting plan, something like four or five democrats lost th

versus jubelirer. in that case, several of the districts in inner city philadelphia were heavily, heavily democratic, but as you tried to, on the periphery crack those is a parties you tried to provide about 55%, 60% republican districts. right? so you have efficient districts for your friends and inefficient districts for your adversaries. right? that's typically the way a partisan gerrymander works. if you go in that direction, of course, there are risks. right? a small shift in voter preferences, which is what happened in pennsylvania, your party can lose a whole a good number of seats. a bipartisan gerrymander is typically done where you make seats that are safe for both parties. so the republican get safe seats. the democrats get safe seats. if the state is half democrat, half republican, half the seats will be heavily democrat. half the seats will be heavily republican. often that also involves the strategic placement of incumbents. you make sure incumbents are protected. and an incumbent protect