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White house editor at politico, and dave ho, director of aclu's vote rights project. and joining us from texas, ari berman, author of "herding donkeys: the fight to rebuild the democratic party and reshape american politics." dale, i want to start with you. if the supreme court has told us under section four, history is no longer the basis. if it is awfully hard to prove intent, then can we imagine disparate impact as a way to get to voter protection? >> i think we absolutely can. because focusing on intent, as you pointed out, really focuses on the wrong question. if i'm the victim of discrim...

Whiter, more conservative. so the gamble is that sort of motivating factor, it will be a bit muted at the polls the next time around. and of course, if those laws are in place and left in place, they're there for the 2016 cycle, and that's what the real goal is. >> and we know that there's no president obama on that -- so we know we'll get a decline in the midterms, no president obama running for re-election at the top. we've got to find where that motivational source is. and that's part of what's interesting about reverend barber's movement, is this idea that it's about our democracy. ari ber...

To be impact-based. you only have to prove discriminatory impact, not intent. that preserved section two as one of the pillars of the voting rights act, which survives today. congress can do the same thing right now with section three. it's not a very difficult change. they could do it tomorrow, if they wanted, and there's an historical precedent for them to do so. >> ari, i'm so glad you brought that up. and dale, i want to come back to this. because right now, in front of the supreme court, what's potentially being heard is the mt. holly case. and that's a fair housing case, it's not a votin...