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Race discrimination which it thought was prevalent in certain jurisdictions. so to that extent as the intervenor said, yes, it was intended to protect those who had been discriminated against. if i might say, i think that -- >> do you think that racial discrimination in voting has ended? that there is none anywhere? >> i think the world is not perfect. >> julie, was she speaking to him or was she speaking to justice scalia? what was going on? where was she looking when she said that? >> i think often the justices, and in this case likely too, they are talking to each other as much as they're t...

The litigants. >> using him as a means -- >> as sort of a prop in a sense, not a nice word, but just as an opportunity to have a conversation so they can talk to each other about what's really going on. but i do think i want to say what's really going on here are two things. one is there is a case to be made there is continuing voting discrimination in states all over the south and other parts of the country that's race-based that section 5 prevents, and the question is whose job is it to determine when that job is done? so that's both about the continuing need for section 5, but also the role...

Thought was prelent in certain jurisdictions. so to that extent as the intervenor said, yes, it was intended to protect those who had been discriminated against. if i might say, i think that -- >> do you think that racial discrimination in voting has ended? that there is none anywhere? >> i think the world is not perfect. >> julie, was she speaking to him or was she speaking to justice scalia? what was going on? where was she looking when she said that? >> i think often the justices and in this case likely too, they are talking to each other as much as they're talking to the lit gabts. >> usin...

About the continued pervasive racial discrimination that's going on in the covered jurisdictions about the flexibility of the coverage formula and the mechanism for deciding who's covered. and about how there are ways to address voting discrimination outside of the covered jurisdictions. i think the -- >> let's keep this simple. you're a lawyer. you're lawyering me here. >> i'm sorry. >> the bottom line is if you're black out there and you want to vote and you live in pennsylvania and they've been screwing around with voter i.d. cards or you live in florida and they're screwing around getting ...

Jurisdictions, those 16 areas are still responsible for, get this, john, 80% of the lawsuits which prove voting discrimination. he's absolutely right. >> right. and so shelby county wonders why the justice department wouldn't exactly take their just trust us explanation for what they were trying to do. when the court hears arguments on wednesday, we'll get a clearer idea of where the court might be going. but i have to tell you, it's going to take some amazing constitutional cha-cha for them to get around the fact that in 2006 congress, the elected representatives of the people, overwhelmingly...