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The justices said that Texas House District 90, which surrounds Fort Worth, Texas, is an \"impermissible racial gerrymander\" because the Texas legislature changed it to manipulate the percent of the district made up of Hispanic and African-American voters.

\"Texas argues that its use of race as the predominant factor in HD90's design was permissible because it had \"good reasons to believe\" that this was necessary to satisfy (a previous case.) But it is the State's burden to prove narrow tailoring, and Texas did not do so on the record here,\" the Court wrote in its decision.

Justices Sonia Sotomayor, Ruth Bader Ginsberg, Stephen Breyer, and Elena Kagan disagreed with the majority decision. Sotomayor said the Court was going out of its way to allow Texas to continue using a district map that the district court found were \"adopted for the purpose of preserving the racial discrimination that tainted its previous maps.\"

\"It means that, after years of litigation and undeniable proof of intentional discrimination, minority voters in Texas- despite constituting a majority of the population within the state- will continue to be underrepresented in the political process,\" she said. \"Those voters must return to the polls in 2018 and 2020 with the knowledge that their ability to exercise meaningfully their right to vote has been burdened by the manipulation of district lines specifically designed to target their communities and minimize their political will.\"

The court previously ruled in two other gerrymandering cases that dealt with accusations that districts were drawn to favor a political party instead of voters of a particular race, but has not yet ruled on partisan gerrymandering as a broader issue.

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