a race-based, some other standards you can come back but the court essentially saying now if you're the republican governor of state x and you have a republican legislature even if your state's divided 50-50, you can draw the congressional districts in a way or the state legislative districts in a way that benefit you overwhelmingly. >> that's right. there is a counterpoint that's sort of a less popular one that's a defense of the maryland map in particular, and it's the map that -- the defense that was used when this map was challenged in the state courts, which is this, that when you gerrymander and for maryland it went from a 4-4 state, four democrats, four republicans, to having seven to one, seven democrats, one republican, what that meant is those democratic districts are a little bit tougher for democrats to hold on to. the voting performance is not as high. and the argument -- an argument out there says look, these are more moderate members because they actually do have more republicans in their district. it was an argument that won in