George W. Bush nominated Samual Alito to the US Supreme Court.
Here are Samuel Alito’s
words, in rejecting an appeal by a black man put on death row by an all white jury.
You can draw your own conclusions as to whether Alito is trying to be funny or clever, or if he believes he’s making a serious argument.
“An amateur with a pocket calculator,” the majority writes,
can calculate that “there is little chance of randomly
selecting four consecutive all white juries.” Id.
Statistics can be very revealing — and also terribly
misleading in the hands of “an amateur with a pocket
calculator.” The majority’s simplistic analysis treats the
prospective jurors who were peremptorily challenged as if
they had no relevant characteristics other than race, as if
they were in effect black and white marbles in a jar from
which the lawyers drew. In reality, however, these
individuals had many other characteristics, and without
taking those variables into account, it is simply not possible
to determine whether the prosecution’s strikes were based
on race or something else.
The dangers in the majority’s approach can be easily
illustrated. Suppose we asked our “amateur with a pocket
calculator” whether the American people take right- or left-
handedness into account in choosing their Presidents.
Although only about 10% of the population is left-handed,
left-handers have won five of the last six presidential
elections.15 Our “amateur with a calculator” would conclude
that “there is little chance of randomly selecting” left-
handers in five out of six presidential elections. But does it
follow that the voters cast their ballots based on whether a
candidate was right- or left-handed?