Texas Solicitor General Scott Keller asked the Court to rule that apportionment should be largely up to the states, and that states can decide to use total population, voter population, or other measures in drawing their electoral maps. (Note that you will hear references to two different Section 2s: Keller pointed out that Section 2 of the Fourteenth Amendment allows total population to be used for apportionment of congressional seats, then Chief Justice Roberts pivoted to Section 2 of the Voting Rights Act.)

If the Court provided states this flexibility, Texas would be allowed to keep its current map based on total population. But such a ruling would likely encourage conservative interests, like Edward Blum and the Project for Fair Representation, to take their campaign to suppress young, urban, and minority voters to the state level.