mr. gornstein the same question that i asked mr. elias. if we did vacate this on the grounds for what you just said and that is not the standard the district court used, what do you think would happen if the standard that you just stated was fairly applied, would anything change? >> we have only done a close analysis of three districts as you can see from our brief and in two of those three districts we thought there was a pretty strong case but not one where we could say definitely be would come out one way or the other. c but a strong case that would change in those districts are? >> those are 71 and 95. c thank you, counsel. mr. clemens. >> mr. chief justice and may it please the court to the 2011 redistricting of the virginia house of delegates was a bipartisan success story. there was wide agreement that the 12 majority minority districts that existed in the benchmark plans should be preserved and there was consensus on the bipartisan privileges and elections committee that a 55% level was the appropriate level to ensure african-ameri

mr. gornstein. >> mr.ef justice and may it please the court the district court was right to hold that the use of a racial target is not sufficient to trigger scrutiny but it was wrong to hold that a conflict with traditional redistricting principles was an essential element of racial gerrymandering finding. use of the racial target courts cases have drawn a distinction between the use of race as a fact or in the predominate use of race in drawing district lines and the use of a racial target shows that race was used but as the court explained in alabama, the critical question is whether it was predominantly used and asked to that evidence that a racial target is used as evidence but not conclusive proof. to take one example that i think you asked for, if they district starts out 75% black voting age population it's worth redistricting and that is based on general demographic patterns and then the target is set at don't drop below 50%. that was just not the case that district lines that are then drawn to br