Atlanta lawyer Emmet Bondurant, who won a key voting rights case in the U.S. Supreme Court 55 years ago, was back before the justices Tuesday, arguing that a gerrymandered redistricting map in North Carolina had gone too far in favoring Republicans.

Near the end of Bondurant’s 20-minute presentation, Justice Samuel Alito pressed the lawyer to concede that, under his theory, countless redistricting fights would end up in court. “Even if the map provides only a very small partisan advantage, that would be subject to challenge in litigation,” and “judges are going to have to decide what’s the right answer,” Alito said.

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